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Full text of "North Carolina Register v.11 no. 20 (1/15/1997)"

icr-A) ! -)U^M 



NORTH CAROLINA 

REGISTE 



J4W : - 

VOLUME 11 • ISSUE 20 • Pages i 533- 163Q 
January 15, 1997 -^ 




PUBUSHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 27611-7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 



IN THIS ISSUE 

Voting Rights Letter 

Administrative Hearings, Ofi&ce of 

Agriculture 

Ci^tural Resources 

Dental Examiners, Board of 

Environment, Health, and Natural Resources 

Human Resources 

Justice 

Public Education 

Real Estate Commission 

Refrigeration Examiners, Board of 

Transportation 

List of Rules Codified 

Rules Review CommissiiSn 

Contested Case Decisions 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 



NORTH CAROLINA 




Volume 11, Issue 20 
Pages 1533 - 1630 

January 15, 1997 



This issue contains documents officially 
filed through December 19, 1996. 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 27611-7447 

(919) 733-2678 

FAX (919) 733-3462 



Julian Mann HI, Director 

James R. Scarcella St., Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Teresa Kilpatrick, Editorial Assistant 

Jean Shirley, Editorial Assistant 
Linda Richardson, Editorial Assistant 



IN THIS ISSUE 

I. IN ADDITION 

Voting Rights Letter 1533 

n. RULE-MAKING PROCEEDINGS 

Environment, Health, and Natural Resources 

Environmental Management Commission 1534 - 1537 

Marine Fisheries Commission 1537 

Human Resources 

Medical Care Commission 1534 

Licensing Boards 

Dental Examiners, Board of 1538 

Transportation 

Highways, Division of 1537 

m. PROPOSED RULES 

Environment, Health, and Natural Resources 

Envirotunental Management Commission 1550 - 1551 

Health Services 1552 - 1556 

Wildlife Commission 1551 - 1552 

Justice 

Criminal Justice Ed & Training Standards Comm . . 1539 - 1550 

Licensing Boards 

Dental Examiners, Board of ... 1556 - 1559 

IV. TEMPORARY RULES 

Environment, Health, and Natural Resources 

Health Services 1561 - 1568 

Human Resources 

Medical Care Commission ................ 1560 - 1561 

V, APPROVED RULES 1569 - 1597 

Administrative Hearings, Office of 

Agriculture 

Cultural Resources 

Environment, Health, and Natural Resources 

Human Resources 

Licensing Boards 

Real Estate Commission 

Refrigeration Examiners, Board of 
Public Education 

VI. LIST OF RULES CODIFIED 1598 - 1607 

VH. RULES REVIEW COMMISSION .......... 1608-1611 

Vm. CONTESTED CASE DECISIONS 

Index to ALJ Decisions ................... 1612 - 1624 

Text of Selected Decisions 
96 EDC 0675 1625 - 1629 

EX. CUMULATIVE INDEX 1-42 




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IN ADDITION 



U.S. Department of Justice 
Civil Rights Division 



DLP:DHH:JSS:tlb Voting Section 

DJ 166-012-3 PO. Box 66128 

96-4013 Washington, D.C. 20035-6128 



December 2, 1996 



George A. Weaver, Esq. 

Lee, Reece & Weaver 

P.O. Box 2047 

Wilson, North Carolina 27894-2047 



Dear Mr. Weaver: 

TTiis refers to the change in the procedures for processing curbside ballots and the new notice of election transfer 
affirmation and precinct return forms for Wilson County, North Carolina, submitted to the Attorney General pursuant to 
Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. We received your submission on October 8, 1996. 

The Attorney General does not interpose any objection to the specified changes. However, we note that Section 
5 expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the 
enforcement of the changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). 

Sincerely, 

Deval L. Patrick 
Assistant Attorney General 
Civil Rights Division 

By: 

Elizabeth Johnson 
Chief, Voting Section 



11:20 NORTH CAROLINA REGISTER January 15, 1997 1533 



RULE-MAKING PROCEEDINGS 



A Notice of Rule-making Proceedings is a statement of subject matter oftfie agency 's proposed rule making. The agency 
must publish a notice of the subject matter for public comment at least 60 days prior to publishing the proposed text of 
a rule. Publication of a temporary rule serves as a Notice of Rule-making Proceedings and can be found in the Register 
under the section heading of Temporary Rules. A Rule-making Agenda published by an agency serves as Rule-making 
Proceedings and can be found in the Register under the section heading of Rule-making Agendas. Statutory reference: 
G.S. 1508-21.2. 



TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 

CHAPTER 3 - FACILrrY SERVICES 

A Totice of Rule-making Proceedings is hereby given by 
1 y the North Carolina Medical Care Commission in 
accordance with G.S. 150B-21.2. The agency shall 
subsequently publish in the Re sister the text of the rule(s) it 
proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

JONCAC 3C .3707 

Authority for the rule-making: G.S. 131E-79 

Statement of the Subject Matter: Medical orders issued 
in hospitals. 

PROPOSED AMENDMENT 

.2>1Q1 MEDICAL ORDERS 

(a) No medication or treatment shall be administered or 
discontinued except in response to the order of a member of 
the medical staff in accordance with established rules and 
regulations. 

(b) Such orders shall be dated and recorded directly in 
the patient chart or in a computer or data processing system 
which provides a hard copy printout of the order for the 
patient chart. A method shall be established to safeguard 
against fraudulent recordings. 

fe^ — All orders for m e dication or tr e atment ohall bo 
authenticated at tho time of recording by the ordering 
member of the medical staff except as specified in paragraph 
(e) of this Rule. — Auth e ntioation must b e aooompliah e d by 
s ignature, initials, comput e r e ntr>' or ood e or oth e r m e thods 
not inconsistent with the laws, rules and regulations of any 
other applicable jurisdictions. 

(c) All orders for medication or treatment shall be 
authenticated according to hospital policies. The order shall 
be taken by persormel qualified by medical staff rules and 
shall include the date, time, and name of persons who gave 
the order, and the full signature of the person taking the 
order. 

(d) The names of drugs shall be recorded in full and not 
abbreviated except where approved by the medical staff. 

fe^ — V e rbal ord e rs shall b e token and tranoorib e d in th e 
pati e nt' s m e dical r e cord by p e rsonnel qualifi e d aooording to 
medical staff by law s and rules. — Tho order shall include the 
date. time, and full signature of the person taking the order 



and shall be oount e roignod by a physician within 2^ hours. 
Authentication must be aooomplishod by signature, initials, 
computer entry, code, or other methods not inconsistent 
with laws, rules and r e gulations of any other applicable 
jurisdictions. 

(f) (e) The medical staff shall establish a written policy 
in conjunction with the pharmacy corrunittee or its 
equivalent for all medications not specifically prescribed as 
to time or number of doses to be automatically stopped after 
a reasonable time limit, but no more than 14 days. The 
prescriber shall be notified according to established policies 
and procedures at least 24 hours before an order is 
automatically stopped. 

Reason for Proposed Action: To make rules less restrictive 
with regards to who is qualified to issue medical orders in 
hospitals. 

Comment Procedures: Written comments concerning this 
rule-making action must be submitted by March 1 7, 1996 to 
Jackie Sheppard, APA Coordinator, Division of Facility 
Services, PO Box 29530, Raleigh, NC 27626-0530. 
Telephone (919) 733-2342. 



TITLE ISA - DEPARTMENT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES 

CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 

^htice of Rule-making Proceedings is hereby given by 
the EHNR - Environmental Management Commission in 
accordance with G.S. 1508-21. 2. The agency shall 
subsequently publish in the Register the text of the rule(s) it 
proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

15A NCAC 28 .0305 

Authority for the rule-making: G.S. 143-214.1; 143- 
215.1; 143-215. 3(a)(1) 

Statement of the Subject Matter: Proposed 

reclassification of East Fork Pond Creek in Watauga and 
Avery Counties from Class WS (Water Supply) - II Tr (Trout) 
to Class WS-V Tr. 

Reason for Proposed Action: The Avery County and 



1534 



NORTH CAROLINA REGISTER 



January 15, 1997 



11:20 



RULE-MAKING PROCEEDINGS 



Watauga County Board of Commissioners have requested 
that the Environmental Management Commission (EMC) 
reclassify the Pond Creek water supply watershed from its 
current WS-II classification to a more appropriate water 
supply classification. During the statewide water supply 
watershed reclassification process conducted in 1990 and 
1991, which was mandated by North Carolina General 
Statute 143-214.5 (Water Supply Watershed Protection Aa), 
the state used existing land uses and types of wastewater 
discharges in each water supply watershed to develop a 
proposed water supply classification to bring to public 
hearing for comment. All of the water supply watersheds 
were reclassified effective August 3, 1993. Avery and 
Watauga Counties believe that the Pond Creek watershed 
may not have been classified correctly during this process. 
After evaluating drainage patterns, the composition of the 
watershed, and water supply sources, the EMC proposes to 
reclassify the East Fork Pond Creek from WS-II to WS-V Tr 
and retain the WS-II classification for the West Fork Pond 
Creek. The East Fork Pond Creek watershed drains to 
Santis Lake. Water from this lake is used for making snow 
and golf course irrigation. In severe drought situations 
water from Santis Lake could be pumped to Lake Coffey. 
Lake Coffey is used as a water supply source for the Town 
of Beech Mountain. A portion of the flow from the West 
Fork Pond Creek watershed enters Lake Coffey via a 
diversion pipe, with the remaining flow going to Santis Lake. 
Watauga County and the Town of Beech Mountain have land 
use jurisdiction in the area proposed for reclassification. If 
the East Fork Pond Creek is reclassified, the affected local 
governments will have the option of modifying their drinking 
water supply protection ordinances to reflect the 
reclassification. No categorical restrictions on watershed 
development or treated wastewater discharges are required 
for areas classified as WS-V. 

Comment Procedures: The purpose of the announcement 
is to encourage those interested in this proposal to provide 
written comments. Written comments, data, or other 
information relevant to this proposal must be submitted by 
March 17, 1997. It is very important that all interested and 
potentially affected persons or parties make their views 
known to the Environmental Management Commission 
(EMC) whether in favor or opposed to any and all 
provisions of the proposal being noticed. Written comments 
may be submitted to: Liz Kovasckitz, DEHNR/Division of 
Water Quality, Planning Branch, P. O. Box 29535, Raleigh, 
NC 27626-0535. (919) 733-5083, extension 572. 

'KJotice of Rule-making Proceedings is hereby given by 
1 V the EHNR - Environmental Management Commission in 
accordance with G.S. 150B-21.2. The agency shall 
subsequently publish in the Register the text of the rule(s) it 
proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 



Citation to Existing Rules Affected by this Rule-Making: 

15A NCAC 2B .0308 



Authority for the rule-making: 

215.1; 143-215. 3(a)(1) 



G.S. 143-214.1; 143- 



Statement of the Subject Matter: Proposed 

reclassification of Mill Creek, and tributaries, and 
Swannanoa Creek, and tributaries, in McDowell County 
from Class C Tr (Trout) to Class C Tr HQW (High Quality 
Waters). 

Reason for Proposed Action: The Division of Water 
Quality is requesting that the Environmental Management 
Commission (EMC) reclassify Mill Creek, and all tributaries, 
from its source to Swannanoa Creek from Class C Tr to 
Class C Tr HQW, and Swannanoa Creek and all tributaries, 
from its source to Mill Creek from Class C Tr to Class C Tr 
HQW. The criteria for designation to High Quality Waters 
as defined in 15 A NCAC 2B .0201 includes those waters 
which are rated as excellent based on biological and 
physical /chemical characteristics through Division 
monitoring or special studies, native and special native trout 
waters designated by the Wildlife Resources Commission, 
primary nursery areas designated by the Marine Fisheries 
Commission and other functional nursery areas designated 
by the Wddlife Resources Commission, critical habitat areas 
designated by the Wildlife Resources Commission or the 
Department of Agriculture, all water supply watersheds 
which are either classified as WS-I or WS-II or those for 
which a formal petition for reclassification as WS-I or WS-II 
has been received from the appropriate local government 
and accepted by the Division of Water Quality, and all Class 
SA waters. Several tributary sites of the Upper Catawba 
River were identified as potential High Quality Waters 
streams. Mill Creek and Swannanoa Creek, two of the 
qualifying streams, received an excellent bioclassification 
and they, including all tributaries, are recommended for 
reclassification to High Quality Waters. If reclassified, new 
and expanding wastewater dischargers to the area affected 
by the proposed reclassification in the Mill and Swannanoa 
Creeks watershed will have additional treatment 
requirements. Projects which require a Sedimentation and 
Erosion Control Plan and which drain to and are within one 
mile of HQW streams will have more stringent land use 
development criteria as defined in 15A NCAC 2H .1006. 

Comment Procedures: The purpose of the announcement 
is to encourage those interested in this proposal to provide 
written comments. Written comtnents, data, or other 
information relevant to this proposal must be submitted by 
March 17, 1997. It is very important that all interested and 
potentially affected persons or parties make their views 
known to the Environmental Management Commission 
(EMC) whether in favor or opposed to any and all 
provisions of the proposal being noticed. Written comments 
may be submitted to: Liz Kovasckitz, DEHNR/Division of 



11:20 



NORTH CAROLINA REGISTER 



January 15, 1997 



1535 



RULE-MAKING PROCEEDINGS 



Water Quality, Planning Branch, P.O. Box 29535, Raleigh, 
NC 27626-0535. (919) 733-5083, extension 572. 

A Jotice of Rule-making Proceedings is hereby given by 
1 y the EHNR - Environmental Management Commission in 
accordance with G.S. 150B-21.2. The agency shall 
subsequently publish in the Register the text of the rule(s) it 
proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

15 A NCAC2B .0308 



Comment Procedures: The purpose of the announcement 
is to encourage those interested in this proposal to provide 
written comments. Written comments, data, or other 
information relevant to this proposal must be submitted by 
March 1 7, 1997. It is very important that all interested and 
potentially affected persons or parties make their views 
known to the Environmental Management Commission 
(EMC) whether in favor or opposed to any and all 
provisions of the proposal being noticed. Written comments 
may be submitted to: Liz Kovasckitz, DEHNR/Division of 
Water Quality, Planning Branch, P.O. Box 29535, Raleigh, 
NC 27626-0535. (919) 733-5083. extension 572. 

****************** 



Authoritj' for the rule-making: G.S. 143-214.1: 143- 
215.1: 143-215. 3 (a)(1) 

Statement of the Subject Matter: Proposed 

reclassification of Toms Creek in McDowell County from 
Class C Tr (Trout) to Class C Tr HQW (High Quality- 
Waters). 

Reason for Proposed Action: The Division of Water 
Quality is requesting that the Environmental Management 
Commission (EMC) reclassify Toms Creek from its source to 
Harris Creek from Class C Tr to Class C Tr HQW, and from 
Harris Creek to McDowell County SR 1434 from Class C to 
Class C HQW. The criteria for designation to High Quality- 
Waters as defined in 15A NCAC 2B .0201 includes those 
waters which are rated as excellent based on biological and 
physical/chemical characteristics through Division 
monitoring or special studies, native and special native trout 
waters designated by the Wildlife Resources Commission, 
primary nursery areas designated by the Marine Fisheries 
Commission and other fitnaional nursery areas designated 
b\ the Wildlife Resources Commission, critical habitat areas 
designated by the Wildlife Resources Commission or the 
Department of Agriculture, all water supply watersheds 
which are either classified as WS-I or WS-II or those for 
which a formal petition for reclassification as WS-I or WS-II 
has been received from the appropriate local government 
and accepted by the Division of Water Quality, and all Class 
SA waters. Se\-eral tributary sites of the Upper Catawba 
River were identified as potential High Quality Waters 
streams. Toms Creek, one of the qualifying streams, 
received an excellent bioclassification and it, including all 
tributaries , is recommended for reclassification to High 
Quality Waters. If reclassified, new and expanding 
wastewater dischargers to the area affected by the proposed 
reclassification in the Toms Creek watershed will have 
additional treatment requirements. Projects which require 
a Sedimentation and Erosion Control Plan and which drain 
to and are within one mile of HQW streams will have more 
stringent land use development criteria as defined in 15A 
NCAC 2H .1006 



A Jotice of Rule-making Proceedings is hereby given by 
J.y the EHNR - Environmental Management Commission in 
accordance with G.S. 150B-21.2. The agency shall 
subsequently publish in the Register the text of the rule(s) it 
proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

15A NCAC 2B .0316 

Authority for the rule-making: G.S. 143-214.1; 143- 
215.1; 143-21 5. 3 (a)(1) 

Statement of the Subject Matter: Proposed 

reclassification of the Tar River in Franklin County from 

Class WS-V (Water Supply) NSW (Nutrient Sensitive Waters) 
to Classes WS-IV NSW and WS-TV CA NSW. 

Reason for Proposed Action: The Franklin Water & Server 
Authority has requested that a section of the Tar River in 
Franklin County (Tar-Pamlico River Basin) be reclassified 
to the appropriate water supply classification based on the 
location that has been chosen for a new water supply intake 
for Franklin County. The selected intake site Ls 
approximately three miles southeast of the Town of Bunn in 
a section of the Tar River that is currently classified as WS- 
V (Water Supply) NSW (Nutrient Sensitive Waters). A WS- 
IV classification is the most appropriate water supply class 
for the Tar River and its tributaries in the area that is being 
considered for reclassification. Franklin County and the 
Town of Bunn have land use jurisdiction within the affected 
area. The proposed reclassification to Classes WS-TV and 
WS-TV CA (Critical Area; defined as the area 'A mile and 
draining to a water supply intake) would require the affeaed 
local governments to adopt and implement drinking water 
supply ordinances for this section of the Tar River that, at 
a minimum, meet the state's requirements for a WS-TV 
watershed. The water supply watershed protection 
requirements for development within a WS-TV water supply 
are applicable for only those projects that require a 
Sediment/Erosion Control Plan under state law or a 
delegated local program. If reclassified, the affeaed local 



1536 



NORTH CAROLINA REGISTER 



January 15, 1997 



11:20 



RULE-MAKING PROCEEDINGS 



governments would be required to adopt, implement and 
submit the appropriate water supply protection ordinances 
within 270 days crfter receiving notice of the reclassification. 

Comment Procedm-es: The purpose of the announcement 
Is to encourage those interested in this proposal to provide 
written comments. Written comments, data, or other 
information relevant to this proposal must be submitted by 
March 17, 1997. It is very important that all interested and 
potentially affected persons or parties make their views 
known to the Environmental Management Commission 
(EMC) whether in favor or opposed to any and all 
provisions of the proposal being noticed. Written comments 
may be submitted to: Liz Kovasckitz, DEHNR/Division of 
Water Quality, Planning Branch, P. O. Box 29535, Raleigh, 
NC 27626-0535. (919) 733-5083, extension 572. 



'KJotice of Rule-making Proceedings is hereby given by 
J. y the North Carolina Department of Transportation - 
Division of Highways in accordance with G.S. 150B-21.2. 
The agency shall subsequently publish in the Register the 
text of the rule(s) it proposes to adopt as a result of this 
notice of rule-making proceedings and any comments 
received on this notice. 

Citation to Existing Rules AiTected by this Rule-Making: 

19A NCAC 02B .0164 

Authority for the rule-making: G.S. 136-28. 1(f) 

Statement of the Subject Matter: Rule sets out conditions 
for contracting outside consultants to perform highway right 
of way acquisition process. 



:|e 4C 4e ale 4e ^ 



««**««***** 



CHAPTER 3 - MARINE nSHERIES 

\ Jotice of Rule-making Proceedings is hereby given by 
1 1 the EHNR - North Carolina Marine Fisheries 
Commission in accordance with G.S. 150B-21.2. The 
agency shall subsequently publish in the Register the text of 
the rule(s) it proposes to adopt as a result of this notice of 
rule-making proceedings and any comments received on this 
notice. 

Citation to Existing Rules Affected by this Rule-Making: 

15A NCAC 3 

Authority for the rule-making: G.S. 113-134; 113-182; 
113-221 

Statement of the Subject Matter: Flounder 

Reason for Proposed Action: To extend the mesh size 
requirement in the tailbag to throughout the net for flounder 
trawls and increase minimum size limits in order to comply 
with the joint MAFMC-ASMFC Summer Flounder Fishery 
Management Plan. 



Reason for Proposed Action: The proposed amendments 
shorten the time required to complete right of way consultant 
contract process. The amended process will be simpler and 
similar to the highway construction contract process. 

Comment Procedures: Any interested person may submit 
written comments on the proposed amendments by mailing 
the comments to Emily Lee, Department of Transportation, 
PO Box 25201, Raleigh, NC 27611, within 30 days after the 
proposed rules are published. 

'KJotice of Rule-making Proceedings is hereby given by 
J. y the North Carolina Department of Transportation - 
Division of Highways in accordance with G.S. 150B-21.2. 
The agency shall subsequently publish in the Register the 
text of the rule(s) it proposes to adopt as a result of this 
notice of rule-making proceedings and any comments 
received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

19A NCAC02D .0415 

Authority for the rule-making: G.S. 136-18(5) 



Comment Procedures: Written comments may be submitted 
to the Marine Fisheries Commission, Attention Juanita 
Gaskill, PO Box 69, Morehead City, NC 28557. Comments 
will be received through March 17, 1997. The Marine 
Fisheries Commission will consider these issues for adoption 
of temporary rules at a Business Meeting scheduled for 
February 20 and 21 at the Sheraton, Atlantic Beach, NC. 



Statement of the Subject Matter: Rule states conditions 
and schedules for the operation of certain drawbridges in the 
state. 

Reason for Proposed Action: Rule proposed for 
amendment to cliange scheduled openings on SR 1172 over 
the Intracoastal Waterway at Sunset Beach. 



TITLE 19A - DEPARTMENT OF 
TRANSPORTATION 

CHAPTER 2 - DIVISION OF HIGHWAYS 



Comment Procedures: Any interested person may submit 
written comments on the proposed rules by mailing the 
comments to Emily Lee, Department of Transportation, PO 
Box 25201, Raleigh, NC 27611, within 30 days after the 
proposed rules are published. 



11:20 



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1537 



RULE-MAKING PROCEEDINGS 



TITLE 21 - OCCUPATIONAL LICENSING BOARDS 

CHAPTER 16 - BOARD OF DENTAL EXAMINERS 

A Jotice of Rule-making Proceedings is hereby given by 
ll the North Carolinu State Board of Dental Examiners in 
accordance with G.S. 150B-21.2. The agency shall 
subsequently publish in the Register the text of the rule(s) it 
proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

27 NCAC 16B .0303: 161 .0001 - .0005; 16M .0001; 16R 
.0001 - .0005 

Authority for the rule-making: G.S. 90-28; 90-31. 1; 90- 
39; 90-48; 90-225.1; 90-227 



Statement of the Subject Matter: The North Carolina 
State Board of Dental Elxaminers (Board) will consider 
adopting rules, repealing rules, or amending rules 
addressing fees payable to the Board, continuing education, 
and applications for dental hygiene renewal certificates. 

Reason for Proposed Action: To change the amount of 
fees payable to the Board, to change continuing education 
requirements, and to require application forms for dental 
hygiene renewal certificates to be completed in full. 

Comment Procedures: Written comments may be submitted 
on the subject matter of the proposed rule-making to 
Christine H. Lockwood, Executive Director of the Board at 
the Board's office. The Board's address is P. O. Box 32270, 
Raleigh, NC 27622-2270. 



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11:20 



PROPOSED RULES 



This Section contains the text of proposed rules. At least 60 days prior to the publication of text, the agency published 
a Notice of Rule-making Proceedings. The agency must accept comments on the proposed rule for at least 30 days from 
the publication date, or until the public hearing, or a later date if specified in the notice by the agency. The required 
comment period is 60 days for a rule that has a substantial economic impact of at least five million dollars ($5,000,000). 
Statutory reference: G.S. 150B-21.2. 



TITLE 12 - DEPARTMENT OF JUSTICE 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Criminal Justice 
Education and Training Standards Commission intends to 
adopt rules cited as 12 NCAC 9C .0607, .0608, amend 9A 
.0103; 9B .0102, .0111, .0206, .0224, .0225, .0409; 9C 
.0304, .0307, .0309, .0601, and repeal 9C .0602 - .0606. 
Notice of Rule-making Proceedings was published in the 
Register on October 15, 1996. 

Proposed Effective Date: August 1, 1998 

A Public Hearing will be conducted at 9:00 a. m. on March 
6, 1997 at the Alcoholic Beverage Control Commission 
Building, Hearing Room, 3322 Gamer Road, Raleigh, NC. 

Reason for Proposed Action: The North Carolina Criminal 
Justice Education and Training Standards Commission has 
authorized rule-making authority to amend several of its 
administrative rules in order to better define the minimum 
employment and training standards that regulate the criminal 
justice officer profession in the State. Additionally, the 
General Assembly transferred regulation of District 
Confinement Facility Personnel to the N.C. Sheriffs' 
Education and Training Standards Commission, thus 
necessitating proposed rule changes. Finally, recent 
technological improvements in Speed Measuring Instruments 
(Radar, TDS, Laser) have resulted in a pressing need to 
amend the Commission 's SMI rules. 

Comment Procedures: Any person interested in this rule- 
making proceeding may present oral or written comments 
relevant to the above-stated subject matter for a period of 30 
days from this notice. Written comments should be directed 
to Scott Perry, Deputy Director, at the Criminal Justice 
Standards Division which is located in Room 150, Court of 
Appeals Building, Post Ojfice Drawer 149, Raleigh, NC 
27602. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. These Rules do 
not have a substantial economic impact of at least five 
million dollars ($5,000,000) in a 12-month period. 

CHAPTER 9 - CRIMINAL JUSTICE 

EDUCATION AND TRAINING 

STANDARDS 

SUBCHAPTER 9A - CRIMINAL JUSTICE 



EDUCATION AND TRAES[ING STANDARDS 
COMMISSION 

SECTION .0100 - COMMISSION 
ORGANIZATION AND PROCEDURES 

.0103 DEFTNTriONS 

The following definitions apply throughout this Chapter, 
except as modified in 12 NCAC 9A .0107 for the purpose 
of the Commission's rule-making and administrative hearing 
procedures: 

(1) "Agency" or "Criminal Justice Agency" means 
those state and local agencies identified in G.S. 
17C-2(b). 

(2) "Alcohol Law Enforcement Agent" means a law 
enforcement officer appointed by the Secretary of 
Crime Control and Public Safety as authorized by 
G.S. 18B-500. 

(3) "Commission" means the North Carolina Criminal 
Justice Education and Training Standards 
Commission. 

(4) "Commission of an offense" means a fmding by 
the North Carolina Criminal Justice Education and 
Training Standards Commission or an 
administrative body that a person performed the 
acts necessary to satisfy the elements of a 
specified criminal offense. 

(5) "Convicted" or "Conviction" means and includes, 
for purposes of this Chapter, the entry of: 

(a) a plea of guilty; 

(b) a verdict or finding of guilt by a jury, 
judge, magistrate, or other duly constituted, 
established, and recognized adjudicating 
body, tribunal, or official, either civilian or 
military; or 

(c) a plea of no contest, nolo contendere, or 
the equivalent. 

(6) "Correctional Officer" means any employee of the 
North Carolina Department of Correction who is 
responsible for the custody or treatment of 
inmates. 

(7) "Criminal Justice Officer(s)" means those officers 
identified in G.S. 17C-2(c). 

(8) "Criminal Justice System" means the whole of the 
State and local criminal justice agencies described 
in Item (1) of this Rule. 

(9) "Criminal Justice Training Points" means points 
earned toward the Criminal Justice Officers' 
Professional Certificate Program by successful 
completion of commission-approved criminal 



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1539 



PROPOSED RULES 



(11) 



(12) 



justice training courses. Twenty classroom hours 
of commission-approved criminal justice training 
equals one criminal justice training point. 
(10) "Department Head" means the chief administrator 
of any criminal justice agency and specifically 
includes any chief of police or agency director. 
"Department Head" also includes a designee 
formally appointed in writing by the Department 
head. 

"Director" means the Director of the Criminal 
Justice Standards Division of the North Carolina 
Department of Justice. 

"Educational Points" means points earned toward 
the Professional Certificate Programs for studies 
satisfactorily completed for semester hour or 
quarter hour credit at an accredited institution of 
higher education. Each semester hour of college 
credit equals one educational point and each 
quarter hour of college credit equals Uvo-thirds of 
an educational point. 

(13) "Enrolled" means that an individual is currently 
actively participating in an on-going formal 
presentation of a commission-accredited basic 
training course which has not been concluded on 
the day probationary certification expires. The 
term "currently actively participating" as used in 
this definition means: 

(a) for law enforcement officers, that the 
officer is then attending an approved course 
presentation averaging a minimum of 
twelve hours of instruction each week; and 

(b) for Youth Services and Department of 
Correction personnel, that the officer is 
then attending the last or final phase of the 
approved training course necessary for 
fully satisfying the total course completion 
requirements. 

(14) "High School" means a school accredited as a 
high school by; 

(a) the Department or board of education of 
the state in which the school is located; or 

(b) the recognized regional accrediting body; 
or 

(c) the state university of the state in which the 
school is located. 

(15) "In-Ser\'ice Training" means any and all training 
prescribed in Subchapter 9E Rule .0102 which 
must be satisfactorily completed by all certified 
law enforcement officers during each full calendar 
year of certification. 

(16) "Lateral Transfer" means the employment of a 
criminal justice officer, at any rank, by a criminal 
justice agency, based upon the officer's special 
qualifications or experience, without following the 
usual selection process established by the agency 
for basic officer positions. 

(17) "Law Enforcement Code of Ethics" means that 



code adopted by the Commission on September 
19, 1973, which reads: 

As a law enforcement officer, my fundamental dutj' is to 
serve the community; to safeguard lives and property; to 
protect the innocent against deception, the weak against 
oppression or intimidation, and the f)eaceful against violence 
or disorder; and to respect the constitutional rights of all to 
liberty, equality, and justice. 

I will keep my private life unsullied as an example to all, 
and will behave in a manner that does not bring discredit to 
me or to my agency. I wUl maintain courageous calm in the 
face of danger, scorn, or ndicule; develop self-restraint; and 
be constantly mmdful of the welfare of others. Honest in 
thought and deed both in my personal and official life, I will 
be exemplar^' in obeying the law and the regulations of my 
department. Wliatever I see or hear of a confidential nature 
or that is confided to me in my official capacity will be kept 
ever secret unless revelation is necessajy in the performance 
of my duty. 

I will never act officiously or permit personal feelings, 
prejudices, political beliefs, aspirations, animosities or 
friendships to influence my decisions. With no compromise 
for crime and with relentless prosecution of criminals, I will 
enforce the law courteously and appropriately without fear 
or favor, malice or ill will, never employing unnecessary 
force or violence and never accepting gratuities. 

I recognize the badge of my office as a symbol of public 
faith, and I accept it as a public trust to be held so long as 
I am true to the ethics of the police service. I will never 
engage in acts or corruption or bribery, nor will I condone 
such acts by other poUce officers. I will cooperate with all 
legally authorized agencies and their representatives in the 
pursuit of justice. 

I know that I alone am responsible for my own standard 
of professional performance and will take every reasonable 
oprportunify to enhance and improve my level of knowledge 
and competence. 

I will constantly strive to achieve these objectives and 
ideals, dedicating myself before God to my chosen 
profession... law enforcement. 

(18) "Law Enforcement Officer" means an appointee 
of a criminal justice agency or of the State or of 
any political subdivision of the State who, by 
virtue of his office, is empowered to make arrests 
for violations of the laws of this State. 
Specifically excluded from this title are sheriffs 
and their sworn appointees with arrest authority 
who are governed by the provisions of Chapter 
17E of the General Statutes. 

(19) "Law Enforcement Training Points" means points 
earned toward the Law Enforcement Officers' 
Professional Certificate Program by successful 
completion of commission-approved law 
enforcement training courses. Twenty classroom 
hours of commission-approved law enforcement 
training equals one law enforcement training 
point. 



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PROPOSED RULES 



(20) "Lxical Confinement Personnel" means any 
officer, supervisor or administrator of a local 
confinement facility in North Carolina as defined 
in G.S. 153A-217; or^ any officer, supervisor or 
administrator of a county confinement facility in 
North Carolina as defined in G.S. 153A-218. 
153A 218; — &t-, — aay — offio e r, — sup e r^'ioor — e* 
administrator of a district confinomont facility in 
North Carolina as defined in G.S. 153A 210. 

(21) "Misdemeanor" means those criminal offenses not 
classified under the laws, statutes, or ordinances 
as felonies. Misdemeanor offenses are classified 
by the Commission as follows: 

(a) "Class A Misdemeanor" means an act 
corrunitted or omitted in violation of any 
common law, duly enacted ordinance or 
criminal statute of this state which is not 
classified as a Class B Misdemeanor 
pursuant to Sub-item (21)(b) of this Rule. 
Class A Misdemeanor also includes any act 
committed or omitted in violation of any 
common law, duly enacted ordinance, 
criminal statute, or criminal traffic code of 
any jurisdiction other than North Carolina, 
either civil or military, for which the 
maximum punishment allowable for the 
designated offense under the laws, statutes, 
or ordinances of the jurisdiction in which 
the offense occurred includes imprisonment 
for a term of not more than six months. 
Specifically excluded from this grouping of 
"Class A Misdemeanor" criminal offenses 
for jurisdictions other than North Carolina, 
are motor vehicle or traffic offenses 
designated as misdemeanors under the laws 
of other jurisdictions, or duly enacted 
ordinances of an authorized governmental 
entity with the exception of the offense of 
impaired driving which is expressly 
included herein as a Class A Misdemeanor, 
if the offender could have been sentenced 
for a term of not more than six months. 
Also specifically included herein as a Class 
A Misdemeanor is the offense of impaired 
driving, if the offender was sentenced 
under punishment level three [G.S. 20- 
179(i)], level four [G.S. 20-179(i)], or 
level five [G.S. 20-179(k)]. Class A 
Misdemeanor shall also include acts 
committed or omitted in North Carolina 
prior to October 1, 1994 in violation of any 
common law, duly enacted ordinance or 
criminal statute, of this state for which the 
maximum punishment allowable for the 
designated offense included imprisonment 
for a term of not more than six months. 

(b) "Class B Misdemeanor" means an act 



committed or omitted in violation of any 
common law, criminal statute, or criminal 
traffic code of this state which is classified 
as a Class B Misdemeanor as set forth in 
the Class B Misdemeanor manual as 
published by the North Carolina 
Department of Justice which is hereby 
incorporated by reference and shall 
automatically include any later amendments 
and editions of the incorporated material as 
provided by G.S. 150B-21.6. Copies of 
the publication may be obtained from the 
North Carolina Department of Justice, Post 
Office Box 629, Raleigh, North Carolina 
27602. There is no cost per manual at the 
time of adoption of this Rule. Class B 
Misdemeanor also includes any act 
committed or omitted in violation of any 
common law, duly enacted ordinance, 
criminal statute, or criminal traffic code of 
any jurisdiction other than North Carolina, 
either civil or military, for which the 
maximum punishment allowable for the 
designated offense under the laws, statutes, 
or ordinances of the jurisdiction in which 
the offense occurred includes imprisonment 
for a term of more than six months but not 
more than two years. Specifically excluded 
from this grouping of "Class B 
Misdemeanor" criminal offenses for 
jurisdictions other than North Carolina, are 
motor vehicle or traffic offenses designated 
as being misdemeanors under the laws of 
other jurisdictions with the following 
exceptions: Class B Misdemeanor does 
expressly include, either first or subsequent 
offenses of driving while impaired if the 
maximum allowable punishment is for a 
term of more than six months but not more 
than two years, and driving while license 
permanently revoked or permanently 
suspended. "Class B Misdemeanor" shall 
also include acts committed or omitted in 
North Carolina prior to October 1, 1994 in 
violation of any common law, duly enacted 
ordinance, criminal statute, or criminal 
traffic code of this state for which the 
maximum punishment allowable for the 
designated offense included imprisonment 
for a term of more than six months but not 
more than two years. 
(22) "Parole Case Analyst" means an employee of the 
North Carolina Department of Correction who 
works under the supervision of the North Carolina 
Parole Commission, whose duties include 
analyzing and processing cases under 
consideration for parole, preparing and presenting 



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1541 



PROPOSED RULES 



parole recommendations, analyzing and processing 
executive clemency matters and interviewing 
inmates. 

(23) "Pilot Courses" means those courses developed 
consistent with the curriculum development policy 
adopted by the Commission on May 30, 1986. 
This policy shall be administered by the Education 
and Training Committee of the Commission 
consistent with Rule 9C .0404. 

(24) "Probation/Parole Officer" means an employee of 
the Division of Adult Probation and Parole whose 
duties include supervising, evaluating, treating, or 
instructing offenders placed on probation or 
parole or assigned to any other community-based 
program operated by the Division of Adult 
Probation and Parole. 

(25) "Probation/Parole Intake Officer" means an 
employee of the Division of Adult Probation and 
Parole, other than a regular Probation/Parole 
officer, whose duties include conducting, 
preparing, or delivering investigations, reports, 
and recommendations, either before or after 
sentencing, upon the request or referral of the 
court, the Parole Commission, or the Director of 
the Division of Adult Probation and Parole. 

(26) "Probation/Parole Intensive Officer" means an 
employee of the Division of Adult Probation and 
Parole other than a regular probation/parole 
officer, probation/parole intake officer, and 
probation/parole officer-surveillance who is duly 
sworn, empowered with the authority of arrest 
and is an authorized representative of the courts 
of North Carolina and the Department of 
Correction, Division of Adult Probation and 
Parole, whose duties include supervising, 
investigating, reporting, counseling, treating, and 
surveillance of serious offenders in an intensive 
probation and parole program operated by the 
Division of Adult Probation and Parole who 
serves as the lead officer in such a unit. 

(27) "Probation/Parole Officer - Surveillance" means 
an employee of the Division of Adult Probation 
and Parole other than a regular probation/parole 
and a probation/parole intake officer who is duly 
sworn, empowered with the authority of arrest 
and is an authorized representative of the courts 
of North Carolina and the Department of 
Correction, Division of Adult Probation and 
Parole whose duties include supervising, 
investigating, reporting, and surveillance of 
serious offenders in an intensive probation and 
parole program operated by the Division of Adult 
Probation and Parole who is trained in community 
corrections and law enforcement techniques. 

(28) "Radar" means a speed-measuring instrument that 
transmits microwave energy in the 10,500 to 
10,550 MHZ frequency (X) band or transmits 



microwave energy in the 24,050 to 24,250 MHZ 
frequency (K) band and either of which operates 
in the stationary and/or moving mode. "Radar" 
ftirther means a speed-measuring instrument that 
transmits microwave energy in the 33,400 to 
36,000 MHZ (Ka) band and operates in either the 
stationary or moving mode. 

(29) "Resident" means any youth committed to a 
facility operated by the North Carolina Division 
of Youth Services. 

(30) "School" or "criminal justice school" means an 
institution, college, university, academy, or 
agency which offers criminal justice, law 
enforcement, penal, correctional, or traffic control 
and enforcement training for criminal justice 
officers or law enforcement officers. "School" 
includes the criminal justice training course 
curriculum, instructors, and facilities. 

(31) "School Director" means the person designated by 
the sponsoring institution or agency to administer 
the criminal justice school. 

(32) "Speed-Measuring Instruments" means those 
devices or systems formally approved and 
recognized under authority of G.S. 17C-6(a)(13) 
for use in North Carolina in determining the 
speed of a vehicle under observation and 
particularly includes all named devices or systems 
as specifically restricted in the approved list of 12 
NCAC 9C .0601. 

(33) "Standards Division" means the Criminal Justice 
Standards Division of the North Carolina 
Department of Justice. 

(34) "Time-Distance" means a speed-measuring 
instrument that electronically computes, from 
measurements of time and distance, the average 
speed of a vehicle imder observation. 

(35) "State Youth Services Officer" means an 
employee of the North Carolina Division of Youth 
Services whose duties include the evaluation, 
treatment, instruction, or supervision of juveniles 
committed to that agency. 

Authority G.S. 17C-2; 17C-6; 17C-10; 153A-217. 

SUBCHAPTER 9B - STANDARDS FOR CRIMINAL 

JUSTICE EMPLOYMENT: EDUCATION: 

AND TRAINING 

SECTION .0100 - MINIMUM STANDARDS FOR 
CRIMINAL JUSTICE EMPLOYMENT 

.0102 BACKGROUND INVESTIGATION 

(a) Any agency contemplating the employment of an 
applicant as a criminal justice officer shall, prior to 
employment, complete a background investigation on such 
applicant. The investigation shall examine the applicant's 
character traits and habits relevant to performance as a 



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PROPOSED RULES 



criminal justice officer and shall determine whether the 
applicant is of good moral character. 

(b) Prior to the investigation, the applicant shall complete 
the Commission's Personal History Statement Form to 
provide a basis for the investigation. 

(c) The agency shall utilize an experienced investigator 
to conduct the applicant's background investigation. The 
investigator shall document the results of the investigation 
and shall include in the report of investigation: 

(1) biographical data; 

(2) family data; 

(3) scholastic data; 

(4) employment data; 

(5) criminal history data; 
(^ (6)interviews with the applicant's references; and 

(6) (7) a summary of the investigator's findings and 
conclusions regarding the applicant's moral 
character. 

(d) Tho agonc)' may uso the method of docum e nting th e Authority G.S. 17C-6; 17C-10. 
rcsulta of the background investigation it deems most 
appropriate to its necdo. — However, the The Commission's 
Summary of Mandated Background Investigation Form 
should must be used as a guide of minimum information to 
be collected and recorded by the investigator. 

(e) Upon written request by the Director of the Standards 
Division, the employing agency shall provide the 
Commission with a copy of any background investigation 
retained by the agency. 

Authority G.S. 17C-6. 



high school equivalency; and 
Note: Although not presently required by these Rules, 
the Commission recommends that, on the date of 
employment or within 24 months thereafter, every 
candidate for employment as a law enforcement officer 
have completed no less than six semester units or nine 
quarter units of educational credit at an accredited 
institution of higher education. 
(3) satisfactorily complete the employing agency's in- 
service firearms training program as prescribed in 
12 NCAC 9E .0105 ; .0106. Such firearms 
training compliance must have occurred prior to 
submission of the application for appointment to 
the Commission and must be completed using the 
department-approved service handgun(s) and any 
other weaf>on(s) that the applicant has been issued 
or authorized to use by the agency. 



,0111 MINIMUM STANDARDS FOR 

LAW ENFORCEMENT OFFICERS 

In addition to the requirements for criminal justice 
officers contained in Rule .0101 of this Section, every law 
enforcement officer employed by an agency in North 
Carolina shall: 

(1) not have committed or been convicted of: 

(a) a felony; or 

(b) a crime for which the punishment could 
have been imprisonment for more than two 
years; or 

(c) a crime or unlawful act defined as a "Class 
B misdemeanor" within the five year period 
prior to the date of application for 
employment; or 

(d) four or more crimes or unlawful acts 
defined as "Class B misdemeanors" 
regardless of the date of conviction; or 

(e) four or more crimes or unlawful acts 
defined as "Class A misdemeanors" except 
the applicant may be employed if the last 
conviction occurred more than two years 
prior to the date of application for 
employment; 

(2) be a high school graduate or have passed the 
General Educational Development Test indicating 



SECTION .0200 - MINIMUM STANDARDS FOR 

CRIMINAL JUSTICE SCHOOLS AND 

CRIMINAL JUSTICE TRAESING PROGRAMS 

OR COURSES OF INSTRUCTION 

.0206 BASIC TRAINING - CORRECTIONAL 
OFFICERS 

(a) The basic training course for correctional officers 
shall consist of a minimum of 160 hours of instruction 
designed to provide the trainee with the skills and 
knowledge to perform those tasks essential to function as a 
correctional officer. 

(b) Each basic training course for correctional officers 
shall include the following identified topic areas and 
minimum instructional hours for each area; 

(1) The Division of Prisons Employee 2 Hours 

(2) Prison Security Functions and 

Procedures 4 Hours 

(3) Contraband and Techniques of Search 8 Hours 

(4) Inmate Supervision 8 Hours 

(5) Firearms 2634 Hours 

(6) Inmate Classification Process and 

Programs 4 Hours 

(7) Understanding Inmate Behavior 12 Hours 

(8) Prison Emergency Operations 18 Hours 

(9) Radio Communications, 

Transporting, and Restraints 4 Hours 

(10) Basic Life Support 84-3 Hours 

(11) Prison Health Services 2 Hours 

(12) Report Writing 6 Hours 

(13) You and the Law 4 Hours 

(14) Interpersonal Communication Skills 1816 Hours 

(15) Unarmed Self Defense 18 Hours 

(16) Role of the Correctional Witness 4 Hours 

(17) Disciplinary and Inmate Grievance 
Procedures 4 Hours 

(18) Administrative Matters, Review 



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PROPOSED RULES 



and Testing 



10 Hours 



Total 



160 Hours 



(c) The "Basic Correction Officer Training Manual" as 
published by the Department of Correction is hereby 
incorporated by reference, and shall automatically include 
any later amendments and editions of the incorporated 
material as provided by G.S. 150B-21.6, to apply as the 
basic curriculum for delivery of correctional officer basic 
training courses. Copies of this publication may be 
inspected at the office of the agency: 

The Office of Staff Development and Training 

North Carolina Department of Correction 

1001 Mountford Avenue 

Raleigh, North Carolina 27626-0540 

and may be obtained from the Department of Correction for 
fifty dollars ($50.00) per copy. 

(d) Commission-accredited schools that are accredited to 
offer the "Basic Training: Correctional Officers" course are: 
The Office of Staff Development and Training of the North 
Carolina Department of Correction. 

Authorin G.S. 17C-6; 17C-10. 



.0224 BASIC TRAEW4G - COUNTY 
CONFINEMENT FAdLITY 

(a) The basic training course for "Jail e rs" detention 
officers as prescribed in 12 NCAC lOB by the North 
Carolina Sheriffs Sheriffs' Education and Training 
Standards Commission is hereby "incorjxjmtod by roforcnoo. 
incorporated by reference, and shall automatically include 
any subsequent amendments and editions of the incorporated 
mnttor. " material as provided by G.S. 150B-21.6, to be the 
minimum basic training course required for district and 
county confmement facility personnel. The "Detention 
Officer Certification Training Manual" as published by the 
North Carolina Justice Academy shall apply as the basic 
curriculum for county confinement facility personnel. 
Copies of this manual may be obtained by contacting the 
North Carolina Justice Academy. Post Office Box 99, 
Salemburg. North Carolina 28385-0099. The cost of this 
manual is forty dollars ($40.00) per copy. 

(b) Notice of successful course completion issued by the 
Sheriffs" Standards Division shall be sufficient to satisfy this 
requirement. 

Authority G.S. 17C-2; 17C-6; 17C-10. 

.0225 BASIC TRAINING - LOCAL 
CONFINEMENT PERSONNEL 

(a) The basic training course for Jail e ro detention officers 
as prescribed Ln 12 NCAC lOB by the North Carolina 
Sheriffs Sheriffs' Education and Training Standards 
Commission is hereby incorporated by reference. 



"inoorpomtod by roforonco, including any aubscquont and 
shall automatically include any later amendments and 
editions of the incorporated matt e r, " material as provided by 
G.S. 150B-21.6 to be the minimum basic training course 
required for local confinement facility personnel. The 
"Detention Officer Certification Training Manual " as 
published by the North Carolina Justice Academy shall 
apply as the basic curriculum for local confinement facility 
personnel. Copies of this manual may be obtained by 
contacting the North Carolina Justice Academy. Post Office 
Box 99. Salemburg. North Carolina 28385-0099. The cost 
of this manual is forty dollars ($40.00) per copy. 

fb) Notice of successful course completion issued by the 
Sheriffs' Standards Division shall be sufficient to satisfy this 
r e quir e m e nts, requirement. 

Authority G.S. 17C-2; 17C-6; 17C-10. 

SECTION .0400 - MINIMUM STANDARDS 
FOR COMPLETION OF TRAINING 

.0409 SATISFACTION OF MINIMUM 
TRAINING - S\n OPERATORS 

(a) To satisfy the minimum training requirements for 
operator certification, a trainee shall: 

(1) achieve a score of 70 percent correct answers on 
the comprehensive written examination, provided 
for in 12 NCAC 9B .0408(d). 

(2) demonstrate successful completion of an 
accredited offering of courses as prescribed under 
either 12 NCAC 9B .0210, .0211. .0212, .0213, 
.0214 or .0215 as shown by the certification of 
the school director. 

(3) demonstrate 100 percent proficiency in the 
motor-skill and performance subject areas as 
demonstrated to a certified radar or time-distance 
instructor and further evidenced through 
documentation on the Commission's SMI 1, 2, 3 
or 4 forms and by the subscribing instructor's 
certification of trainee competence. 

(4) present — ovidonco — showing — completion — &f — ft 
minimum of e ight hours of radar training prior to 
e nrollm e nt in a commiooion aooroditod op e rator 
training course as prescribed in 12 NCAC 9B 
.0212 or 12 NCAC 9B .0213 or present evidence 
showing completion of 16 hours of supervised 
field practice within 90 days after completing a 
commission accredited Commission-accredited 
radar operator training course as prescribed in 12 
NCAC 9B .0212 or 12 NCAC 9B .0213. .0213 
or present evidence showing prior radar operator 
certification that meets or exceeds the radar 
operator training courses as prescribed in 12 
NCAC 9B .0212 or \2 NCAC 9B .0213 and 
radar operator certification requirements as 
prescribed in 12 NCAC 9B .0409. 

fb) Any trainee failing to achieve 100 percent proficiency 



1544 



NORTH CAROLINA REGISTER 



January 15, 1997 



11:20 



PROPOSED RULES 



in the motor-skill area may request written permission from 
the Director of the Standards Division for re-examination. 

(1) The trainee's request for re-examination shall be 
made in writing and must be received by the 
Standards Division within 30 days of the original 
examination. 

(2) The trainee's request for re-examination shall 
include the favorable recommendation of the 
school director who administered the course. 

(3) A trainee shall have, within 90 days of the 
original examination, only one opportunity for 
motor-skill re-examination and must satisfactorily 
complete each identified area of deficiency on the 
original motor-skill examination. 

(4) The trainee will be assigned in writing by the 
Director of the Standards Division a place, time 
and date for re-examination. 

(5) If the trainee fails to achieve the prescribed 
minimum score on the examination, the trainee 
will not be recommended for certification and 
shall enroll and complete a subsequent course 
offering in its entirety before further examination 
may be permitted. 

(c) To satisfy the minimum training requirements for 
operator re-certification, an operator seeking re-certification 
shall: 

(1) Achieve a score of 75 percent correct answers on 
the comprehensive written examination provided 
for in 12 NCAC 9B .0408(e). 

(2) Demonstrate successful completion of an 
accredited offering of courses as prescribed under 
either 12 NCAC 9B .0218, .0219, .0220, .0221, 
or .0222 as shown by the certification of the 
school director. 

(3) Satisfy all motor-skill requirements as required in 
12 NCAC 9B .0409(a)(3). 

(d) At the tune a trainee seeking operator re-certification 
fails to achieve the prescribed minimum requirements on the 
comprehensive written examination as specified in 12 
NCAC 9B .0409(c)(1), certification of the officer 
automatically and immediately terminates and that officer 
will not be re-certified until successful completion of a 
subsequent course offering as prescribed under either 12 
NCAC 9B .0210, .0211, .0212, .0213, or .0214 before 
further examination may be permitted. 

(e) At the time a trainee seeking operator re-certification 
fails to achieve the prescribed minimum motor-skill 
requirements as specified in 12 NCAC 9B .0409(c)(3), 
certification of the officer automatically and immediately 
terminates and that officer shall not be re-certified until 
successful completion of the required motor-skill testing. 
Provided, however, such an officer may request 
re-examination as prescribed in 12 NCAC 9B .0409(b). 

Authority G.S. 17C-6. 

SUBCHAPTER 9C - ADMINISTRATION OF 



CRIMINAL JUSTICE EDUCATION AND 
TRAINING STANDARDS 

SECTION .0300 - CERTIFICATION OF 
CRIMINAL JUSTICE OFFICERS 

.0304 GENERAL CERTIFICATION 

(a) The Commission shall grant an officer general 
certification if evidence is received by the Standards 
Division that an officer has successfully completed the 
training requirements of 12 NCAC 9B .0400 within the 
officer's probationary period and that the officer has met all 
other requirements for general certification. General 
certification shall not be granted if the officer's department 
head submits a written request to the Director of the 
Standards Division to withhold general certification from the 
officer. 

(b) The Commission shall honor a valid general 
certification issued to a deputy sheriff by the North Carolina 
Sheriffs' Education and Training Standards Commission for 
the purpose of lateral transfer, as provided for in 12 NCAC 
9C .0306, to a law enforcement agency under the 
jurisdiction of G.S. 17C if evidence is received by the 
Standards Division that the officer has successfully 
completed the training requirements as mandated by the 
Sheriffs' Commission within the officer's probationary 
period and the officer has successfully completed the 
training requirements of 12 NCAC 9B .0205 in addition to 
complying with all other commission requirements for 
general certification. 

(c) For local confinement personnel in service prior to 
June 1, 1986, the Commission shall grant General 
Certification to all local confinement personnel officially 
apfxjinted and in local confinement facility s e rvice, service 
or county confinement facility service o e rvioe, or diatriot 
confinomont facility sop i 'ico with any political subdivision of 
the state on May 31, 1986. Such jjersoimel shall be exempt 
from the provisions of Rules 9C .0301, .0302 and .0303 of 
this Section and from basic training requirements applicable 
to those certified as probationary officers. Any personnel 
wishing to take advantage of the privilege granted by this 
Paragraph shall apply on or before August 31, 1986 and all 
General Certification granted after that date shall be as 
prescribed in 9C .0300. 

(d) For local confinement personnel of juvenile detention 
homes, either state or local, in service prior to January 1, 
1990, the Commission shall grant General Certification to 
all local confinement personnel officially appointed and in 
juvenile detention homes with any political subdivision of 
the state on December 31, 1989. Such personnel shall be 
exempt from the provisions of Subchapter 9C, Rules .0301, 
.0302 and .0303 of this Section and from basic training 
requirements applicable to those certified as probationary 
officers. Any personnel wishing to take advantage of the 
privilege granted by this Paragraph shall apply on or before 
March 31, 1990 and all General Certifications granted after 
that date shall be as prescribed in Subchapter 9C, Section 



11:20 



NORTH CAROLINA REGISTER 



January 15, 1997 



1545 



PROPOSED RULES 



.0300. 

(e) General certification is continuous from the date of 
issuance, so long as: 

(1) The certified officer remains continuously 
employed or appointed as a criminal justice 
officer in good standing with an agency and the 
certification has not been terminated for cause; or 

(2) The certified officer, having separated in good 
standing from a criminal justice agency, is 
re-appointed or re-employed as a criminal justice 
officer within one year, and the certification has 
not been terminated for cause; and 

(3) The certified officer meets the in-service training 
requirements as prescribed in 12 NCAC 9E 
during each full calendar year of certification. 

Authority G.S. 17C-2: 17C-6: 17C-10. 

.0307 AGENCY RETENTION OF 

RECORDS OF CERTIFICATION 

Each agency shall place in personnel files the official 
notification from the Commission of either probationary or 
general certification for each criminal justice officer 
employed or appointed by the agency. Such files shall be 
available for examination at any reasonable time by 
representatives of the Commission for the purpose of 
verifying compliance with these Rules. The personnel files 
shall also contain: 

(1) the officer's Personal History Statement; 

(2) the officer's Medical History Statement and 
Medical Examination Report; 

(3) documentation of the officer's drug screening 
results; 

(4) a written summary' of the officer's Mandated 
Background Investigation Form oonduot & d on th e 
officer; as completed by die agency's investigator; 

(5) a written summary of the officer's Qualifications 
Appraisal Interview; 

(6) documentation of the officer's educational 
achievements; 

(7) documentation of all criminal justice training 
completed by the officer; 

(8) the results of the officer's fingerprint record 
check; 

(9) a written summary of the officer's psychological 
examination results; and 

(10) for the law enforcement officer, documentation on 
a commission-approved form that the officer has 
completed the minimum in-service training as 
required. 

Authority G.S. 17C-2; 17C-6. 

.0309 LATERAL TRANSFER OF 

LOCAL CONFINEMENT PERSONNEL 

(a) An officer, supervisor or administrator with general 
certification may transfer from one local confinement facility 



to another local confinement facility, or may transfer from 
one county or diotriot confinement facility to another county 
or diotriot confinement facility with less than a 12-month 
break in service. Prior to employing the individual, the 
employing agency shall: 

(1) verify the certification of the individual with the 
Standards Division; 

(2) submit an up-to-date fingerprint check in the same 
manner as prescribed for non-certified new 
applicants; no certification will be transferred if 
the holder has been convicted since initial 
certification of any offense for which revocation 
or suspension or certification is authorized; 

(3) advise the individual that he wUl be serving under 
a probationary appointment with the agency for 
one year; 

(4) notify the Commission, by submitting a Report of 
Appointment, that the individual is being 
employed and stating the date on which 
employment will commence. 

(b) Prior to transfer of certification, local confinement 
personnel shall: 

(1) complete a Medical History Statement Form 
within one year prior to the transfer to the 
employing agency; 

(2) submit to examination by a physician licensed to 
practice medicine in North Carolina in the same 
manner prescribed for non-certified new 
appUcants in 12 NCAC 9B .0104 within one year 
prior to the transfer to the employing agency; 

(3) submit results of the physical examination to the 
employing agency for placement in the 
individual's permanent personnel file; and 

(4) produce a negative result on a drug screen 
administered according to the specifications 
outlined in 12 NCAC 93 .0101(5). 

(c) Local confinement jjersonnel previously certified who 
were not previously required to meet the educational or 
basic training requirements are not required to meet such 
requirements when laterally transferring to another agency 
with less than a 12-month break in service. 

Authority G.S. 17C-2; 17C-6; 17C-10. 

SECTION .0600 - EQUIPMENT AND 
PROCEDURES 

.0601 APPROVED SPEED-MEASURING 
INSTRUMENTS 

(«) Th e following opood moaouring — instrum e nta or e 

approved for radio microwav e (RADi\R) uoo. provid e d th e y 

are operated with a single antenna: 

Manufacturor Model Mode 



Kuotom Signolo, Inc. HR 8 






StationoT)' 

Kuatom Signals, Inc. HR IMoving/Stationar)' 



(^ 



Kustom Signals, Inc. KR IMoving/Stationajy 



1546 



NORTH CAROLINA REGISTER 



January 15, 1997 



11:20 



PROPOSED RULES 



MPH Industrioa, Ino. K 15 



Stationar)' 



^5) MPH Induotnoo, Ino. K 55 Moving/Stationary 






MPH Induotri e o, Ino. S 8 Moving/Stationor)' 



Decatur Eloctronics, Inc. Ra Gun 



Ku3tom Signals, Inc. KR 10 l i ving/Stationary 

Kuotom Signolo, Ino. Foloon — 



oditiong as provided for in G.S. 150B 21.6. — Copies of the 
dooum e nt in this Rule ar e availabl e from the ag e ncy addroco 
at th e coot of thr e e dollars and oovonty fiv e cento ($3.75) 
per copy. 

— («) Prior to inclusion as an approved radar speed 

Stationary m e asuring Lnotrum e nt, th e manufactur e r of said Lnatrumont 



Stationary 



^iO) Kuotom Signals, Ino. Roadrunn e r — Stationary shall c e rtify' m wntmg to the agency that said inotrum e nt 

^44^ Kustom Signals, JBe: Troo^dpving/Stationary moots or oxcoods the standards of 12 NCAC OC .0601(d) 

^13) Decatur Eloctronics, Inc. MVRMoving/Stationar)' 

(43)- 



Decatur Electronics, Ino. Hunt i Moving/Stationory 
Kuotom Signalo, Inc. Pro IBQft'ing/Stationaiy 



MPH Industries, Inc. 



K 15 n 



Stationary 



(i4) Applied Concepts, Inc.Stallcor AIMing/Stationaiy 

(4^ Decatur Elootronico,Ino. — G e n e Mtving/Stationory 

(1-g) Appli e d Conoopto, Ino. Stalk e r ATR Stationar)' 

(i9) Applied Concepts, Inc. StallcerDNttefcing/Stati eBftiy 

(30) Applied Concepts, Inc. StalkorDMtefcii^/Stationar)' 

(34) Kuotom Signalo, Ino. Eagl e Moving/Stationaiy 

(33) Kuotom Signalo, Ino. — Eagl e ; MiR'ing/Stationar)' 

(33) Kustom Signals, Inc. — Eagle; SBteTing/Stationaiy 

(34) Kustom Signals, Inc. Eagle; GoNfen'ing/Stationary 

(35) M.P.H. InduDtri e s, Inc. — BEE Bfoving/Stationar)' 

— (b) — The following sp ee d m e aouring — instrum e nto ar e 
approved for time distance use: 



Manufactur e r 



Mod e l 



Mod e 



Traffic Safety Systems, Inc.VASC;\R pMmving/Stationary 

— (ts) — All approv e d modolo and typ e s of radio microwav e 
(radar) speed meaouring inotrum e nta ar e mad e oubj e ot to and 
restricted as follows: 



-(4) The — automatic — operate — functions — have — boon 

dioconn e ot edr- 
-(3) Th e automatic alarms, audio and vioual have boon 

disconnected. 



-(3) Tb« — automatic — locking — functions — have — been 



diooonneoted. 



(4) Th e inotrum e nt dooo not provid e on e xt e rnal 

control that would permit the adjustment or 
corroction of the zero or calibration readings. 
— (5) Th e — "High — Speed — Look" — function — has — b ee n 

diooonn e ot e d. 

— Note: The automatic functions that shall b e disconnected 

arc any and all automatic — violation alarm or lock 

capabilities that occur prior to the speed measuring 

inotrument being manually look e d by the op e rator. 

— (d) — All radar sp ee d meaouring inotrum e nta, ao h e r e in 

d e fined, purchased on or after July I, — 19 8 2 for speed 

enforcement shaU meet or exceed performance specifications 

aa provided in the "Model P e rformanc e Specifications for 

Police Traffic Radar D e vic e s" ao pr e pared by th e Law 

Enforcement Standards Laboratory of the National Bureau 

of Standards and published by the National Highway Traffic 

Safety — Administration, — United — Stat e s — Department — ef 

Tranoportation (ao in effect July 1, 1983) inoorporatod by 

reference herein and including any later amendments and 



and provide a copy of a testing report or other document 
illuotmting the method and results us e d in ouch oortifioation. 
The following procedures shall be adhered to for approval 
of speed-measuring instruments: 

(1) Prior to the inclusion as an approved speed- 
measuring instrument, the manufacturer of said 
instrument shaU certify in writing to the Criminal 
Justice Standards Division that said instrument 
meets or exceeds the applicable standards set out 
in the "Model Performance Specifications for 
Police Traffic Radar Devices" as published by the 
National Highway Traffic Safety Administration. 
United States Department of Transportation (as in 
effect July j_i 1982) which is hereby incorporated 
by reference, and shall automatically include any 
later amendments and editions of the incorporated 
material as provided by G.S. 150B-21.6. Copies 
of this publication may be inspected at the office 
of the agency: 

Criminal Justice Standards Division 

North Carolina Department of Justice 

1. West Morgan Street 

Court of Appeals Building 

Post Office Drawer 149 

Raleigh. North Carolina 27602 

and may be obtained at no cost from the National 
Highway Traffic Safety Administration at the 
following address: 

National Highway Traffic Safety Administration 
400 Seventh Street, SW 
Washington. DC 20590 

The manufacturer shall provide evidence that the 
instrument meets or exceeds the applicable 
standards published by the National Highway 
Traffic Safety Administration. United States 
Department of Transportation. 

(2) All speed-measuring instruments shall be 
evaluated by representatives from the North 
Carolina Criminal Justice Education and Training 
Standards Commission and the North Carolina 
Department of Crime Control and Public Safety. 
A summary of the findings shall be submitted in 
writing to the Criminal Justice Standards 
Division's Radar Program Administrator. 

(3) A current list of all approved speed-measurin g 



11:20 



NORTH CAROLINA REGISTER 



January 15, 1997 



1547 



PROPOSED RULES 



instruments shall be included m all speed- 
measuring instrument operator training course 
manuals published by the North Carolina Justice 
Academy. 
(4) The " Speed-Measurement Instrument Operator 
Training Course Manual" as published by the 
North Carolina Justice Academy is hereby 
incortx) rated by reference, and shall automatically 
include any later amendments and editions of the 
incorporated material as provided by G.S. 150B- 
21.6. to apply as the basic curriculum for the 
speed-measuring instrument operator training 
courses for speed-measuring instrument operators 
as administered by the North Carolina Criminal 
Justice Education and Training Standards 
Commission. Copies of this publication may be 
inspected at the office of the agency: 

Criminal Justice Standards Division 

North Carolina Department of Justice 

j_ West Morgan Street 

Court of Appeals Building 

Post Office Drawer 149 

Raleigh, North Carolina 27602 

and may be obtained for nineteen dollars ($19.00) 
per copy from the Academy at the following 
address: 

North Carolina Justice Academy 

Post Office Box 99 
Salemburg. North Carolina 28385 



Authority G.S. 17C-6. 

.0602 TESTING: ACCURACY 

All radio microwave (radar) and time distance speed 
m e asuring instrumonts. tuning forks and stopwatch e s oholl 
bo test e d for accuracy by a t e chnioian possessing at l e ast a 
valid second class or general radiotelephone lioonsc from the 
Fodoral — Communications — Commission or a certification 
issu e d by organizations or oommitt e es e ndors e d by th e 
F e d e ral Communications Commission. — Those toots shall bo 
conducted in accordance with the rcquiromonts prescribed in 

G.S. — 8 50.2. Every — person — testing — speed measuring 

instrum e nts, tuning forks, or stopv . 'atoh e s shall t e st said 
equipm e nt in accordanc e with G.S. 8 50.2. 12 NCAC 9C 
.0602. .0603 and .060 4 . The results of the above tests shall 
be recorded on forms provided by th e Commission. 



Authority G.S. 8-50.2; 17C-6. 

.0603 TESTING: RADIO NUCROWAVE 
(RADAR) 

fft^ — TTi e minimum sp e cific t e st for radio microwave 
(radar) shall include: 
f4^ Transmission Frequency Test. — X Bond, K Bond, 



and Kn Bond instruments, when opemtod at tho 
stondfird — supply — voltag e , — tbe — tranomioo iea 
fr e quonc)' shall b e within plus minus .2 poroont of 
tho assigned froquency as specified in 4 7 CFR 
90.103(22) of tho F.C.C. rulos and regulations. 

(3) Tho technioian t e sting e ach radar inotrumont shall 

test — eaeb — instrum e nt — against — tbe — op e rator 
calibration and testing for accuracy procedure s 
required — by — G^. — 17C 6(a)(13) — ud — SrSr 
8 50.2(Tj)( ' 1) for e ach approved instrumont. 

— (b) Dunng the radio microwave (radar) accuracy test tho 

technician shall test each instrument to determine that tho: 

(4j Automatic opwrato function is disconnected. 

(3^ Automatic alarms, audio aad — visual is 

disconn e ct e d. 

(53 Automatic locking capability' is disconnocted r 

(4) Instrument does not provide an external control 

that would permit th e adjustm e nt or corr e ction of 
th e z e ro or calibration readings. 

(S) TTic "High Speed Lock" function is disconnected. 

(^3 If the — above — frve — functions — have — aet — been 

disconn e ct e d — tba — radio — miorowavo — (radar) 
instrum e nt shall not pass th e t e st. 

Note: Th e automatic — functions that shall bo 

disconnected are any and all automatic violation 
alarm or lock capabilities that occur prior to tho 
spood — m e asuring — instrumont — b e ing — manually 
lock e d by the operator. 

— (o) Tuning Fork Accuracy Test: 



-^ Ever)' tuning fork K Band, X Bond, and Ka Band 

us e d — te — d e t e rmin e — radio — microwav e — (radar) 
accuracy shall b e tested by a t e chnioian possessing 
at — least — a — valid — second — class — er — general 

radiotelephone license from — the — Federal 

Communications Commission or a c e rtification 
issu e d by organizations or committ ee s e ndorsed 
by tho Federal — Communications Commission. 
This tost shall bo conducted in accordance with 
th e r e quir e m e nts prescribed in G.S. 8 50.2. 

-f33 Wh e n t e st e d in accordanc e with Subparagraph 

(c)(1) of this Rule the frequency of vibration shall 
road within plus minus .75 mph of that speed 
stamped on th e tuning fork. 

-^ jAU tuning forks that are not stamp e d with a s e rial 

number for identification purposes shall be so 
impressed on tho handle or heel, not on the tine 
portion, by th e t e sting t e chnioian. — Th e s e rial 
numb e r is to b e tho same as th e s e rial number on 



the radar amplifier, radar control cabinet, radar 
antenna or such other identifying number as 
assign e d by th e osvning ag e ncy. 

Authority G.S. 17C-6. 

.0604 TESTING: TIME-DISTANCE 

— (fi3 — Tbe — minimum — sp e cific — test — fof — tim e distfmc e 



speed measuring instruments shall include 



1548 



NORTH CAROLINA REGISTER 



January 15, 1997 



11:20 



PROPOSED RULES 



— (i^ Tho timo diatanco dovico ohall not bo capable of 

aooopting double tim e or doubl e diotanoo into th e 
oomputer. 

— (3) Vaacar Plua by Traffic Safot)' S>'fltom3, Inc. — Turn 

tho power sv ^ 'itch off, sot all thumbwhoola to zero, 
turn posvor on. display shall r e ad all oighto ( 8 ). 
If any other numbers ar e display e d there is a 
malfunction — which — shaH — bo corroctod — before 
procooding further with tho testing procoduroa. 
Then, with power on, dial into thumbwhe e ls th e 
diotxmo e to b e used to calibrate, eith e r a quart e r 
mile 02500 or one half mile 05000. — Enter an 
exact quarter or one half mile of distance from a 
pro measured location on th e highway by turning 
tho distance switch on at the b e ginning of th e 
pro measured course and off at tho end of tho 
pro measured course. — Dial into tho thumbwheels 
tho calibration numb e r now display e d in th e 
readout. — Turn power switch off th e n on and 
again travel through tho pre measured courac 
turning tho diatanco sv ^ 'itch on at tho beginning of 
the course and off at th e e nd of the cours e . — Ent e r 
15.0 oeoondo of tim e for one quart e r mil e distanc e 
or 30.0 socondo for one half mile diatxmcc. — Press 
distance recall button. Display shall road diatxmco 
you originally dialed into thumbwhoolo within 
plus minus 1/1 of 1 p e rc e nt. — On e quart e r mil e 
readout shall bo botv ii 'oon 02 4 9 4 and 02506. — One 
half mile readout shall bo between 4 9 88 and 
05012. — If diotano e r e adout is corr e ct releas e th e 
distance r e call button. — A mph r e ading of 60.0 
mph plus minus 1 percent is accoptablo (.6 mph 
plus minus or 59.4 to 60.6). 
(b) Stopwatch Accuracy T e st: 



-(43 Ev e ry stopwatch used to e nt e r a known amount of 

timo — iete — the — timo distance — spKxxl measuring 
i astrumont computer to determine accuracy shall 
bo tested by a t e chnician poss e ssing at l e ast a 
valid s e cond — class or general — radiotelephone 
license — from — the — Federal — Communications 
Commiaaion — er — a — certification — i ss ued — by 
organizations — or committees endorsed by the 
F e d e ral Communications Commission. — This t e st 
shall — be — conducted — m — accordance — with — the 
requirements proscribed in G.S. 8 50.2. 

-(3) Th e stopwatch shall b e hand h e ld, with a total 

time accumulation of at l e ast fiv e minut e s. — The 
stopwatch shall bo accurate within plus minus one 
second in five minutos. 



Authority G.S. 17C-6. 

.0605 OPERATING PROCEDURES 

Th e operating procedur e s and op e rator calibration and 
testing for aoouraoy procedur e s as outlined in Appendix "A" 
of the Radar Operator Training and Timo Distance Operator 
Training Course Manuals published by tho North Carolina 



Justice Academy (19 8 2) are hereby adopted by reforenco, 
and shall automatically includ e any later am e ndments and 
e ditions of th e adopt e d matt e r as authoriz e d by G.S. 
150B 1 4 (c). — Copies of tho above are available for review 
at tho Department of Justice, Criminal Justice Standards 
Division, Ral e igh, North Carolina and at cost from the 
North Carolina Justic e Academy, Post Offic e Draw e r 99, 
Salomburg, North Carolina 283 8 5. 

Authority G.S. 17C-6. 

.0606 CONCURRENT RESPONSIBILITY 
AND APPROVAL 

Each of th e prec e ding subsections contain e d in 12 NCAC 
9C .0600 hav e boon cooperativ e ly d e v e lop e d and approved 
by tho Secretary of the North Carolina Dopartmont of Crime 
Control and Public Safety in conjunction with tho North 
Carolina Criminal Justic e Education and Training Standards 
Commission. 



Authority G.S. 17C-6. 

.0607 SPEED-MEASURING INSTRUMENT 
ACCURACY TEST 

The purpose of this Rule is to establish the minimum 
requirements and test methods for determining the accuracy 
of speed- measurin g instruments used by law enforcement 
agencies to measure the speed of vehicles for enforcement 
of speed laws and regulations. All requirements and tests 
shall conform with G.S. 8-50.2 and G.S. 17C-6. 
(1) Accuracy test standard: 

(a) Annual tests of all speed-measurin g 
instruments shall be in conformance with 
G.S. 8-50. 2(c). The results of these tests 
shall be recorded on forms provided by the 
Commission. 

of 



Co) Daily tests of all speed-measuring 
instruments shall be in conformance with 
G.S. 8-50.2(b)(4) and G.S.17C-6(13). 
(2) Accuracy requirements and test methods: 

(a) Annual: 

The, annual tests for accuracy requirements 
for each specific RADAR. Time-Distance, 
and LiDAR s peed-measuring instrument, as 
outlined in A ppendix "B" of the Speed- 
Measuring Instrument Operator Training 
Manual published by the North Carolina 
Justice Academy (1997). are hereby 
incorporated by reference, and shall 
automatically include any later amendments 
and editions of the incorporated material as 
provided by G.S. 150B-21.6. Copies of 
the Speed-Measuring Instrument Operator 
Training Manual are available for review at 
the Department of Justice, Criminal Justice 
Standards Division, Raleigh, North 
Carolina and are available at a cost of 



11:20 



NORTH CAROLINA REGISTER 



January 15, 1997 



1549 



PROPOSED RULES 



nineteen dollars ($19.00) from the North 
Carolina Justice Academy, Post Office 
Drawer 99. Salemburg, North Carolina 
28385. 
£b} Daily: 

The daily tests for accuracy requirements 
for each specific RADAR, Time-Distance, 
and Li PAR speed-measuring instrument, as 
outlined in Appendix "C" of the Speed- 
Measuring Instrument Operator Training 
Manual published by the North Carolina 
Justice Academy ( 1997), are hereby 
incorporated by reference, and shall 
automatically include any later amendments 
and editions of the incorporated material as 
proyided by G.S. 150B-21.6. Copies of 
the Speed-Measuring Instrument Operator 
Training Manual are ayailable for reyjew at 
the Department of Justice. Criminal Justice 
Standards Division. Raleigh. North 
Carolina and are available at a cost of 
nineteen dollars ($19.00) from the North 
Carolina Justice Academy, Post Office 
Drawer 99. Salemburg, North Carolina 
28385. 

Authority G.S. 8-50.2; 17C-6. 

.0608 SPEED-MEASURING INSTRUMENT 
OPERATING PROCEDURES 

TTie purpose of this Rule is to establish the minimum 
requirements for operating speed-measuring instruments 
used by law enforcement officers to measure the speed of 
vehicles for enforcement of speed laws and regulations. All 
operating procedures shall conform with G.S. 8-50.2 and 
17C-6. The operating procedures for each specific 
RADAR, Time-Distance, and LiDAR speed-measuring 
instrument, as outlined in A ppendix "C" of the Speed- 
Measuring Instrument Operator Training Manual published 
by the North Carolina Justice Academy (1997), are hereby 
incorporated by reference, and shall automatically include 
any later amendments and editions of the incorporated 
material as provided by G.S. 150B-21.6. Copies of the 
Speed-Measuring Instrument Operator Training Manual are 
available for review at the Department of Justice. Criminal 
Justice Standards Division, Raleigh. North Carolina and are 
available at a cost of nineteen dollars ($19.00) from the 
North Carolina Justice Academy. Post Office Drawer 99, 
Salemburg, North Carolina 28385. 



Authority G.S. 8-50.2; 17C-6. 



TITLE 15A - DEPARTMENT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES 



N 



otice is hereby given in accordance with G.S. 



150B-21.2 that the EHNR - Environmental Management 
Commission intends to adopt rule cited as 15A NCAC 2H 
.0225. Notice of Rule-making Proceedings was published in 
the Register on November 1, 1996. 

Proposed Effective Date: August 1, 1998 

A Public Hearing will be conducted at 7:00 pm on January 
30, 1997 at the Ground Floor Hearing Room, Archdale 
Building, 512 N. Salisbury Street, Raleigh, NC. 

Reason for Proposed Action: Recently promulgated 
statutes titled "An Act to Implement Recommendations of the 
Blue Ribbon Study Commission on Agricultural Waste" 
(Senate Bill 1217), require the Division develop a general 
permit program for animal operations based on species, 
number of animals and other relevant faaors. Existing 
statutory authority provides the Environmental Management 
Commission the ability to adopt rules setting forth the 
conditions under which general permits may be issued. 
Although such rules exist in the regulations governing 
permitting of discharges to surface waters, modifications to 
the existing rules for nondischarge permit issuance are 
required to establish the conditions governing the issuance 
of nondischarge general permits. 

Comment Procedures: Comments, statements, data and 
other information may be submitted in writing within 60 days 
after the date of publication of this issue in the North 
Carolina Register. Copies of the proposed rules and 
information package may be obtained by contacting the 
Permits and Engineering Unit at (919) 733-5083 (ext. 574 
or 524). Written comments may be submitted to Coleen 
Sullins, Division of Water Quality, Water Quality Section, 
Permits and Engineering Unit, PO Box 29535, Raleigh, NC 
27626-0535. 

Fiscal Note: This Rule does not affect the expenditures or 
revenues of state or local government finds. This Rule does 
not have a substantial economic impact of at least five 
million dollars ($5,000,000) in a 12-month period. 

CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 



SUBCHAPTER 2H 



PROCEDURES FOR PERMITS: 
APPROVALS 



SECTION .0200 - WASTE NOT DISCHARGED TO 
SURFACE WATERS 

.0225 CONDITIONS FOR ISSUING GENERAL 
PERMITS 

(a) In accordance with the provisions of G.S 143- 
215.1(b)(3) and (d), general permits may be developed by 
the Division and issued by the Director for categories of 
activities covered by this Rule. General permits may be 
written for categories of activities that involve the same or 



1550 



NORTH CAROLINA REGISTER 



January 15, 1997 



11:20 



PROPOSED RULES 



substantially similar operations, have similar treated waste 
characteristics, require the same limitations or operating 
conditions, and require the same or similar monitoring. 
Each of the general permits shall be issued under G.S. 143- 
215.1(d). After issuance of a general permit by the 
Director, persons operating facilities described by the 
general permit may request coverage under it^ and the 
Director or his designee may grant a ppropriate certification. 
All individual operations which receive a "Certificate of 
Coverage" under a general permit are permitted under the 
specific general permit for which the coverage was issued. 
Persons operating facilities covered under general permits 
developed in accordance with this Rule shall be subject to 
the same limits, conditions, management practices, 
enforcement authorities, and rights and privileges as 
specified in the general permit. 

fb) Upon development of a draft general permit, the 
Director shall publicly notice under G.S. 143-215. 4rb)(l) 
and (2). at least 30 days prior to final action, an intent to 
issue the general permit. A one time publication of the 
notice in a newspaper having general circulation in the 
geographic areas affected by the proposed permit shall be 
required. The notice shall provide the name, address and 
phone number of the agency issuing the notice, a brief 
description of the intended action, and a brief description of 
the procedures for the formulation of final determinations, 
including a 30-day comment period and other means by 
which interested persons may comment upon the 
determinations. 

(c) No provisions in an^ general permit issued under this 
Rule shall be interpreted as allowing the permittee to violate 
state water quality standards or other applicable 
environmental standards. 

(d) To obtain an individual certificate of coverage, a 
Notice of Intent to be covered by the general permit must be 
given using forms provided by the Division following the 
application procedures specified in this Section. If all 
requirements are met, coverage under the general permit 
may be granted. If all requirements are not met, an 
individual permit application and full application review 
procedure shall be required. 

(e) General permits shall be effective for a term not to 
exceed five years at the end of which the Division may 
renew them. The Division shall satisfy public notice 
requirements prior to renewal of general permits. Operators 
covered by general permits need not submit new Notices of 
Intent or renewal requests unless so directed by the 
Division. If the Division chooses not to renew a general 
permit, all operations covered under that general permit 
shall be notified to submit applications for individual 
permits. 

£f) Anyone engaged in activities covered by the general 
permit rules but not permitted in accordance with this 
Section shall be considered in violation of G.S. 143-215.1. 

£gi Any individual covered or considering coverage 
under a general permit may choose to pursue an individual 
permit for any operation covered by this Rule. 



(3} 
(4} 
£5} 



(h) The Director may require any person, otherwise 
eUgible for coverage under a general permit, to apply for an 
individual permit by notifying that person that an application 
is required. Notification shall consist of a written 
description of the reason(s) for the decision, appropriate 
permit application forms and application instructions, a 
statement establishing the required date for submission of 
the application, and a statement informing the person that 
coverage by the general permit shall automatically terminate 
upon issuance of the individual permit. Reasons for 
requiring application for an individual permit may include: 
£1} the operation is a significant contributor of 

pollutants to the waters of the state: 
£2} conditions at the permitted site change, altering 
the constituents or characteristics of the 
wastewater such that the operation no longer 
qualifies for coverage under a general permit: 
noncompliance with the general permit: 
noncompliance with Division rules: 
a change has occurred in the availability of 
demonstrated technology or practices for the 
control or abatement of pollutants applicable to 
the operation: 
(6") a determination that there has been or is the 
potential to have a direct discharge of wastewater, 
sludge or residuals to waters of the state: 
(7) the system has been allowed to deteriorate or leak 
such that it poses an immediate threat to the 
environment. 
(i) General permits or individual certificate of coverages 
may be modified, terminated, or revoked and reissued in 
accordance with the authority and requirements of rules of 
this Section. 

Authority G.S. 143-215.1; 143-215. 3(a)(1); 143-21 5. IOC. 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Wildlife Commission 
intends to amend rule cited as 15A NCAC lOF .0327. 
Notice of Rule-making Proceedings was published in the 
Register on October 15, 1996. 

Proposed Effective Date: July 1, 1998 

A Public Hearing will be conducted at 10:00 a.m. on 
February 3, 1997 at the Archdale Building, Wildlife 
Conference Room, 512 N. Salisbury Street, Raleigh, NC 
27604. 

Reason for Proposed Action: To regulate boat speed in 
congested area. 

Comment Procedures: Interested persons may present their 
views either orally or in writing at the hearing. In addition, 
the record of hearing will be open for receipt of written 



11:20 



NORTH CAROLINA REGISTER 



January 15, 1997 



1551 



PROPOSED RULES 



comments from 1/15/97 - 2/15/97. Such written comments 
must be delivered or mailed to NC Wildlife Resources 
Commission, 512 N. Salisbury Street, Raleigh, NC 27604- 
1188. 

Fiscal Note: 77ii.T Rule does not affect the expenditures or 
revenues of state or local government funds. This Rule does 
not have a substantial economic impact of at least five 
million dollars ($5,000,000) in a 12-month period. 

CHAPTER 10 - WILDLIFE RESOURCES AM) 
WATER SAFETY 

SUBCHAPTER lOF - MOTORBOATS AND WATER 
SAFETY 

SECTION .0300 - LOCAL WATER SAFETY 
REGULATIONS 

.0327 MONTGOMERY COUNTTY 

(a) Regulated Areas. This Rule applies to the waters and 
portions of waters described as follows: 

(1) Badin Lake. 

(2) Lake Tillery. 

(3) Woodrun Cove. Those waters within 50 yards of 
the mouth of Woodrun Cove located on Lake 
Tillery as delineated by appropriate markers and 
within 50 yards of the boat ramp located at the 
head of Woodrun Cove. 

(4) Tuckertown Reservoir. 

(5) Carolina Forest Cove. The mouth of Carolina 
Forest Cove located on Lake Tillery as delineated 
by appropriate markers. 

(b) Speed Limit Near Shore Facilities. No person shall 
operate a vessel at greater than no-wake speed within 50 
yards of any marked boat launching area, dock, pier, 
bridge, marina, boat storage structure, or boat service area 
on the waters of the regulated areas described in Paragraph 
(a) of this Rule. 

(c) Restricted Swimming Areas. No person operating or 
responsible for the operation of a vessel shall permit it to 
enter any marked public swimming area established with the 
approval of the Wildlife Resources Commission on the 
waters of the regulated areas described Ln Paragraph (a) of 
this Rule. 

(d) Placement and Maintenance of Markers. The Board 
of Commissioners of Montgomery County is hereby 
designated a suitable agency for placement and maintenance 
of the markers hereby authorized, subject to the approval of 
the United States Coast Guard and the United States Army 
Corps of Engineers. With regard to marking the regulated 
areas described in Paragraph (a) of this Rule, supplementary 
standards as set forth in Rule .0301(g)(1) to (8) of this 
Section shall apply. 

Authority G.S. 75A-3; 75A-15. 



Notice is hereby given in accordance with G.S. 
150B-21.2 that the EHNR - Commission for Health 
Services intends to amend rules cited a 15A NCAC 13A 
.0101, .0105, .0107, .0111. .0112 and .0119. Notice of 
Rule-making Proceedings was published in the Register on 
November 15, 1996. 

Proposed Effective Date: August 1, 1998 

A Public Hearing will be conducted at 1:00 pm on 
February 5, 1997 at the Ground Floor Hearing Room, 
Archdale Building, 512 N. Salisbury Street, Raleigh, NC. 

Reason for Proposed Action: ISA NCAC 13 A .0101 - To 

include the name change from the Division of Solid Waste 
Management to the Division of Waste Management to be 
consistent with the recent legislative name change revisions 
in G.S. 130A-291. To update changes in the cost of 
publications obtained from the U.S. Government Printing 
Office, Washington, DC, 20402, which are incorporated by 
reference and updates changes in the cost of the NC 
Hazardous Waste Management Rules and Solid Waste 
Management law book. 

ISA NCAC 13A .OlOS - To incorporate by reference 40 
CFR 124.31 through 124.33 (Subpart B), "Specific 
Procedures Applicable to RCRA Permits", and substitutes for 
the provisions of 40 CFR 124.31(a), 124.32(a) and 
124.33(a) which are not incorporated by reference. Also the 
amendment will revise the adoption by reference wording as 
required by G.S. 150B-21.6. 

ISA NCAC 13A .0107- To incorporate by reference 40 CFR 
262.80 through 262.89 (Subpart H), "Transfrontier 
Shipments of Hazardous Waste for Recovery within the 
OECD" wah the exception of 40 CFR 262.89(e) which is not 
incorporated by reference. 

ISA NCAC 13 A .0111- To remove 40 CFR 266.30 through 
266.35 (Subpart D), "Hazardous Waste Burned for Energy 
Recovery". 40 CFR 266.30 through 266.35 (Subpart D) was 
replaced by 40 CFR 266. 100 through 266. 112 (Subpart H), 
"Hazardous Waste Burned in Boilers and Industrial 
Furnaces", and is to be relocated in Paragraph (d). 
ISA NCAC 13 A .0112 - The proposed amendment will add 
40 CFR 268.39 "Waste specific prohibitions - End-of-pipe 
CWA, CWA-equivalent, and Class 1 nonhazardous injection 
well treatment standards; spent aluminum potliners; and 
carbamate wastes" to (Subpart C), "Prohibitions on Land 
Disposal ". 

ISA NCAC 13 A .0119 - The proposed amendment will add 
40 CFR 273.6 "Definitions" to Paragraph (a), (Subpart A), 
"General". 

Comment Procedures: All persons interested in these 
matters are invited to attend the public hearing. Written 
comments may be presented at the public hearing or 
submitted to Jill Weese, Department of Justice, PO Box 629, 



1552 



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January 15, 1997 



11:20 



PROPOSED RULES 



Raleigh, NC, 27602-0629. All written comments must be 
received by February 14, 1997. Persons who wish to speak 
at the hearing should contact Ms. Weese at (919) 733-4618. 
Persons who call in advance of the hearing will be given 
priority on the speaker's list. Oral presentation lengths may 
be limited depending on the number of people that wish to 
speak at the public hearing. Only persons who have made 
comments at a public hearing or who have submitted written 
comments will be allowed to speak at the commission 
meeting. Comments made at the Commission meeting must 
either clarify previous comments or proposed changes from 
staff pursuant to comments made during the public hearing 
process. 

IT IS VERY IMPORTANT THAT ALL INTERESTED AND 
POTENTIALLY AFFECTED PERSONS. GROUPS, 
BUSINESSES, ASSOCIATIONS, INSTITUTIONS OR 
AGENCIES MAKE THEIR VIEWS AND OPINIONS KNOWN 
TO THE COMMISSION FOR HEALTH SERVICES 
THROUGH THE PUBLIC HEARING AND COMMENT 
PROCESS, WHETHER THEY SUPPORT OR OPPOSE ANY 
OR ALL PROVISIONS OF THE PROPOSED RULES. THE 
COMMISSION MAY MAKE CHANGES TO THE RULES AT 
THE COMMISSION MEETING IF THE CHANGES 
COMPLY WITH G.S. 150B-21.2(f). 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. These Rules do 
not have a substantial economic impact of at least five 
million dollars ($5,000,000) in a 12-month period. 

CHAPTER 13 - SOLID WASTE MANAGEMENT 

SUBCHAPTER 13A - HAZARDOUS WASTE 
MANAGEMENT 

SECTION .0100 - HAZARDOUS WASTE 

.0101 rOmi GENERAL 

(a) The Hazardous Waste Section of the Solid Woot e 
Manag e m e nt Divioion Division of Waste Management shall 
administer the hazardous waste management program for the 
State of North Carolina. 

(b) In applying the federal requirements incorporated by 
reference throughout this Subchapter, the following 
substitutions or exceptions shall apply: 

(1) "Department of Environment, Health, and Natural 
Resources" shall be substituted for 
"Environmental Protection Agency" except in 40 
CFR 262.51 through 262.54, 262.56, 262.57 
where references to the Environmental Protection 
Agency shall remain without substitution; 

(2) "Secretary of the Department of Environment, 
Health, and Natural Resources" shall be 
substituted for "Administrator," "Regional 
Administrator" and "Director" except for 40 CFR 
262.55 through 262.57, 264.12(a), 268.5, 268.6, 



268.42(b) and 268.44 where the references to the 
Administrator, Regional Administrator, and 
Director shall remain without substitution; and 
(3) An "annual report" shall be required for all 
hazardous waste generators, treaters, storers, and 
disposers rather than a "biennial report". 

(c) In the event that there are inconsistencies or 
duplications in the requirements of those Federal rules 
incorporated by reference throughout this Subchapter and 
the State rules set out in this Subchapter, the provisions 
incorporated by reference shall prevail except where the 
State rules are more stringent. 

(d) 40 CFR 260.1 through 260.3 (Subpart A), "General," 
are hav e — been incorporated by reference including 
subsequent amendments and editions. 

(e) 40 CFR 260.11, "References", is has — heea 
incorf)orated by reference including subsequent amendments 
and editions. 

(f) Copies of all materials in this Subchapter may be 
inspected or obtained as follows: 

(1) Persons interested in receiving rule-making 
notices concerning the North Carolina Hazardous 
Waste Management Rules must submit a written 
request to the Hazardous Waste Section, P.O. 
Box 27687, Raleigh, N.C. 27611-7687. A check 
in the amount of fifteen dollars ($15.00) made 
payable to TTie Hazardous Waste Section must be 
enclosed with each request. Upon receipt of each 
request, individuals will be placed on a mailing 
list to receive notices for one year. 

(2) Material incorporated by reference in the Federal 
Register may be obtained from the Superintendent 
of Documents, U.S. Government Printing Office, 
Washington, D.C. 20402 at a cost of fe«f 
hundred and fifteen dollars ($^15.00) five hundred 
and forty four dollars ($544.00) per year. 
Federal Register materials are codified once a 
year in the Code of Federal Regulations and may 
be obtained at the above address for a cost of: 40 
CFR 1-51 thirty one dollars ($31.00), forty 
dollars ($40.00). 40 CFR 260-299 thirty six 
dollars ($36.00) forty dollars ($40.00) and 40 
CFR 100 119 thirt>' four doUars ($3^1.00) 40 CFR 
87-149. forty one dollars ($41.00). total eae 
hundred and one dollars ($101.00). one hundred 
twenty one dollars ($121.00). 

(3) The North Carolina Hazardous Waste 
Management Rules, including the incorporated by 
reference materials, may be obtained from the 
Hazardous Waste Section at a cost of sixteen 
dollars ($16.00). twenty five dollars ($25.00). 

(4) All material is available for inspection at the 
Department of Environment, Health, and Natural 
Resources, Hazardous Waste Section, 401 Oberlin 
Road, Raleigh, N.C. 

Authority G.S. 130A-294(c); 150B-21.6. 



11:20 



NORTH CAROLINA REGISTER 



Janmiy 15, 1997 



1553 



PROPOSED RULES 



.0105 T«OOS GENERAL PROGRAM 
REQUIREMENTS - PART 12 

(a) 40 CFR 124.1 through 124.21 (Subpart A), "General 
Program Requirements", are havo boon incorporated by 
reference including subsequent amendments and editions, 
except that 40 CFR 124.2(c) is not incorporated by 
reference. 

£bl 40 CFR 124.31 through 124.33 (Subpart B), 
"Specific Procedures Applicable to RCRA Permits", are 
incorporated by reference including subsequent amendments 
andgd[tjpns, except that 40 CFR 124.31(a). 124.32(a) and 
124.33(a) are not incorporated by reference. 

(1) The following shall be substituted for the 
provisions of 40 CFR 124.31(a) which are not 
incorporated by reference: 

(A) Applicability. The requirements of this 
section shall apply to all RCRA part B 
applications seeking initial permits for 
hazardous waste management units and 
shall also apply to RCRA part B 
applications seeking renewal of permits for 
such units, where the renewal a pplication is 
proposing a significant change in facility 
operations. For the purposes of this 
section, a "significant change" is any 
change that would qualify as a class 3 
permit modification under 40 CFR 270.42. 

(B) The requirements of this section do not 
apply to permit modifications under 40 
CFR 270.42 or to applications that are 
submitted for the sole purpose of 
conducting post-closure activities or post- 
closure activities and corrective action at a 
facility. 

(2) The following shall be substituted for the 
provisions of 40 CFR 124.32(a) which are not 
incorporated by reference: 

(A) Applicability. The requirements of this 
section shall apply to all RCRA part B 
applications seeking initial permits for 
hazardous waste management units. 

(B) The requirements of this section shall apply 
to RCRA part B applications seeking 
renewal of permits for such units under 40 
CFR 270.51. 

(C) The requirements of this section do not 
apply to permit modifications under 40 
CFTl 270.42 or permit applications 
submitted for the sole purpose of 
conducting post-closure activities or post- 
closure activities and corrective action at a 
facility. 

(3) The following shall be substituted for the 
provisions of 40 CFR 124.33(a) which are not 
incorporated by reference: Applicability. The 
requirements of this section apply to all 
applications seeking RCRA permits for hazardous 



waste management umts. 

Authority G.S. 130A-294(c); 150B-21.6. 

■0107 T«9©7 STDS APPLICABLE TO GENERATORS 
OF HAZARDOUS WASTE - PART 262 

(a) 40 CFR 262.10 through 262.12 (Subpart A), 
"General", are havo — boon incorporated by reference 
including subsequent amendments and editions. 

(b) 40 CFR 262.20 through 262.23 (Subpart B), "The 
Manifest", are hav e — boon incorporated by reference 
including subsequent amendments and editions. 

(c) 40 CFR 262.30 through 262.34 (Subpart C), 
"Pre-Transport Requirements", are ha' . 'o boon incorporated 
by reference including subsequent amendments and editions. 

(d) 40 CFR 262.40 through 262.44 (Subpart D), 
"Recordkeeping and Reporting", are havo boon incorporated 
by reference including subsequent amendments and editions. 
In addition, a generator shall keep records of inspections 
and results of inspections required by Section 262.34 for at 
least three years from the date of the inspection. 

(e) 40 CFR 262.50 through 262.58 (Subpart E), "Exports 
of Hazardous Waste", are have boon incorporated by 
reference including subsequent amendments and editions. 

(f) 40 CFR 262.60 (Subpart F), "Imports of Hazardous 
Waste", is hao boon incorporated by reference including 
subsequent amendments and editions. 

(g) 40 CFR 262.70 (Subpart G), "Farmers" is has boon 
incorporated by reference including subsequent amendments 
and editions. 

(h} 40 CFR 262.80 through 262.89 (Subpart H), 
"Transfrontier Shipments of Hazardous Waste for Recovery 
within the OECD", are incorporated by reference including 
subsequent amendments and editions, except that 40 CFR 
262.89(e) is not incorporated by reference. 

£11 (b) The appendix to 40 CFR Part 262 is has boon 
incorporated by reference including subsequent amendments 
and editions; however. Items D, F, H, and I on the form in 
the appendix to 40 CFR Part 262 are required to be 
completed on the North Carolina Hazardous Waste Manifest 
form. 

Authority G.S. 130A-294(c): 1508-21. 6. 

.0111 SOU: STDS FOR THE MGMT OF SPECIFIC 
HW/TYPES HWM FAdLITIES - PART 266 

(a) 40 CFR 266.20 through 266.23 (Subpart C), 
"Recyclable Materials Used in a Manner Constituting 
Disposal", are incorporated by reference including 
subsequent amendments and editions. 

(fe) 10 CFR 266.30 through 266.35 (Subpart D), 



"Hazardous Waste Bumod for Enorgy Rooovor^'", — ftfe 
incorpomtod by roforonco including subsoquont amondmonts 
and e ditions. 

(bl (e) 40 CFR 266.70 (Subpart F), "Recyclable 
Materials Utilized for Precious Metal Recovery", is 
incorporated by reference including subsequent amendments 



1554 



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11:20 



PROPOSED RULES 



and editions. 

£cl (d) 40 CFR 266.80 (Subpart G), "Spent Lead-Acid 
Batteries Being Reclaimed", is Incorporated by reference 
including subsequent amendments and editions. 

£d} (e) 40 CFR 266.100 through 266.122 (Subpart H), 
"Hazardous Waste Burned in Boilers and Industrial 
Furnaces", are incorporated by reference including 
subsequent amendments and editions. 

(e) (^ Appendices to 40 CFR Part 266 are incorporated 
by reference including subsequent amendments and editions. 

Authority G.S. 130A-294(c); 150B-21.6. 

.0112 T«043 LAND DISPOSAL RESTRICTIONS 
- PART 268 

(a) 40 CFR 268.1 through 268.14 (Subpart A), 
"General", are incorporated by reference including 
subsequent amendments and editions. 

(b) 40 CFR 268.30 through 26 8 .3 8 268.39 (Subpart C), 
"Prohibitions on Land Disposal", are incorporated by 
reference including subsequent amendments and editions. 

(c) 40 CFR 268.40 through 268.48 (Subpart D), 
"Treatment Standards", are incorporated by reference 
including subsequent amendments and editions. 

(d) 40 CFR 268.50 (Subpart E), "Prohibitions on 
Storage", is incorporated by reference including subsequent 
amendments and editions. 

(e) Appendices to 40 CFR Part 268 are incorporated by 
reference including subsequent amendments and editions. 



are Incorporated by reference including subsequent 
amendments and editions, except that 40 CFR 273.80(a) and 
(b), are not incorporated by reference. 

(1) The following shall be substituted for the 
provisions of 40 CFR 273 . 80(a) which were not 
incorporated by reference: 

Any person seeking to add a hazardous waste or 
a category of hazardous waste to this Part may 
petition for a regulatory amendment under this 
Subpart and 15A NCAC 24B .0001 and 40 CFR 
260.23. 

(2) The following shall be substituted for the 
provisions of 40 CFR 273.80(b) which were not 
incorporated by reference: 

To be successful, the petitioner must demonstrate 
to the satisfaction of the Administrator that 
regulation under the universal waste regulations of 
40 CFR Part 273 is: 

(A) appropriate for the waste or category of 
waste; will improve management practices 
for the waste or category of waste; and will 
improve implementation of the hazardous 
waste program; 

(B) the petition must include the information 
required by 15 A NCAC 24B .0001; and 

(C) the petition shall also address as many of 
the factors listed in 40 CFR 273.81 as are 
appropriate for the waste or waste category 
addressed in the petition. 



Authority G.S. 130A-294(c); 150B-21.6. 



Authority G.S. 130A-294(c); 150B-21.6. 



.0119 ^fm^ STANDARDS FOR UNIVERSAL 
WASTE MANAGEMENT - PART 273 

(a) 40 CFR 273.1 through 3^75t5 273.6 (Subpart A), 
"General" are incorporated by reference including 
subsequent amendments and editions. 

(b) 40 CFR 273.10 through 273.20 (Subpart B), 
"Standards for Small Quantity Handlers of Universal Waste" 
are incorporated by reference including subsequent 
amendments and editions. 

(c) 40 CFR 273.30 through 273.40 (Subpart C), 
"Standards for Large Quantity Handlers of Universal Waste" 
are incorporated by reference including subsequent 
amendments and editions. 

(d) 40 CFR 273.50 through 273.56 (Subpart D), 
"Standards for Universal Waste Transporters" are 
incorporated by reference including subsequent amendments 
and editions. 

(e) 40 CFR 273.60 through 273.62 (Subpart E), 
"Standards for Destination Facilities" are incorporated by 
reference including subsequent amendments and editions. 

(f) 40 CFR 273.70 (Subpart F), "Import Requirements" 
is incorporated by reference including subsequent 
amendments and editions. 

(g) 40 CFR 273.80 through 273.81 (Subpart G), 
"Petitions to include Other Wastes Under 40 CFR Part 273" 



Notice is hereby given in accordance with G.S. 
1503-21. 2 that the EHNR - Commission for Health 
Services intends to adopt rules cited as 15A NCAC 211 
.0101 and 21J .0101. Notice of Rule-making Proceedings 
was published in the Register on May 15, 1996. 

Proposed Effective Date: August 1, 1998 

A Public Hearing will be conducted at 1:00 p.m. on 
February 5, 1997 at the Ground Floor Hearing Room, 
Archdale Building, 512 N. Salisbury Street, Raleigh, NC. 

Reason for Proposed Action: To adopt permanent rules 
for two Child Nutrition Programs that were transferred from 
the Department of Public Instruction to the Department of 
Environment, Health, and Natural Resources effective 
10/1/95. House Bill 229 requires this action. These Rules 
will adopt and incorporate by references the Federal 
Regulations for the Child and Adult Care Feeding Program 
and the Summer Feeding Program. 



11:20 



NORTH CAROLINA REGISTER 



January 15, 1997 



1555 



PROPOSED RULES 



Comment Procedures: All persons interested in these 
matters are invited to attend the public hearing. Written 
comments may be presented at the public hearing or 
submitted to Jill Weese, Department of Justice, PO Box 629, 
Raleigh, NC 27602-0629. All written comments must be 
received by February 14, 1997. Persons who wish to speak 
at the hearing should contact Ms. Weese at (919) 733-4618. 
Persons who call in advance of the hearing will be given 
priority on the speaker's list. Oral presentation lengths may 
be limited depending on the number of people that wish to 
speak at the public hearing. Only persons who have made 
comments at a public hearing or who have submitted written 
comments will be allowed to speak at the Commission 
meeting. Comments made at the Commission meeting must 
either clarify previous comments or proposed changes from 
staff pursuant to comments made during the public hearing 
process. 

IT IS VERY IMPORTANT THAT ALL INTERESTED AND 
POTENTIALLY AFFECTED PERSONS, GROUPS, 
BUSINESSES. ASSOCIATIONS, INSTITUTIONS OR 
AGENCIES MAKE THEIR VIEWS AND OPINIONS KNOWN 
TO THE COMMISSION FOR HEALTH SERVICES 
THROUGH THE PUBLIC HEARING AND COMMENT 
PROCESS, WHETHER THEY SUPPORT OR OPPOSE ANY 
OR AIL PROVISIONS OF THE PROPOSED RULES. THE 
COMMISSION MAY MAKE CHANGES TO THE RULES AT 
THE COMMISSION MEETING IF THE CHANGES 
COMPLY WITH G.S. 150B-2 1.2(f). 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government finds. These Rules do 
not have a substantial economic impact of at least five 
million dollars ($5,000,000) in a 12-month period. 

CHAPTER 21 - HEALTH: PERSONAL 
HEALTH 

SUBCHAPTER 211 - SUMMER FOOD 
SERVICE PROGRAM 

SECTION .0100 - GENERAL PROVISIONS 

.0101 ADOPTION AND INCORPORATION 
BY REFERENCE: 7 C.F.R. PART 225 

Title 2i Code of Federal Regulations. Part 225 is hereby 
adopted and incorporated by reference along with all 
subsequent amendments and editions. A copy of 7 C.F.R. 
Part 225 is maintained at the Department of Environment. 
Health, and Natural Resources. Diyision of Maternal and 
Child Health. 1330 St. Mary's Street. Raleigh. North 
Carolina, or can be obtained by contacting the Department 
of Enyironment. Health, and Natural Resources. Division of 
Maternal and Child Health. P.O. Box 10008. Raleigh. NC 
27605. telephone (919) 733-2973. at a cost of five dollars 
($5.00). 



Authority G.S. 130A-29; 130A-361; S.L 1995. c. 324, s. 
17.11; 42 U.S.C. § 1761. 

SUBCHAPTER 21 J - CHILD AND ADULT 
CARE FOOD PROGRAM 

SECTION .0100 - GENERAL PROVISIONS 

.0101 ADOPTION AND INCORPORATION 
BY REFERENCE: 7 C.F.R. PART 226 

Title Tj Code of Federal Regulations. Part 226 is hereby 
adopted and incorporated by reference along with all 
subsequent amendments and editions. A copy of 7 C.F.R. 
Part 226 is maintained at the Department of Environment. 
Health, and Natural Resources, Division of Maternal and 
Child Health. 1330 Sl Mary's Street. Raleigh, North 
Carolina, or can be obtained by contacting the Department 
of Environment. Health, and Natural Resources. Division of 
Maternal and Child Health. P.O. Box 10008. Raleigh. NC 
27605, telephone (919) 733-2973. at a cost of five dollars 
($5.00). 

Authority G.S. 130A-29; 130A-361; S.L 1995, c. 324, s. 
17.11: 42 U.S.C. § 1766. 



TITLE 21 - OCCUPATIONAL 
LICENSING BOARDS 

CHAPTER 16 - BOARD OF DENTAL 
EXAMINERS 

Notice is hereby given in accordance with G.S. 
I50B-21.2 that the North Carolina State Board of 
Dental Examiners intends to adopt rules cited as 21 NCAC 
16V .0101 and .0102. Notice of Subject Matter was 
published in the Register on November 15, 1995. 

Proposed Effective Date: July 1, 1997 

A Public Hearing will be conducted at 3:00 p. m. on April 
18. 1997 at the Office of North Carolina State Board of 
Dental Examiners, Chatham Bldg. of the Koger Executive 
Center. 3716 National Drive, Suite 221, Raleigh. NC. 

Reason for Proposed Action: To define unprofessional 
conduct for dentists and dental hygienists. 

Comment Procedures: Any person desiring to present oral 
data, views, or arguments on the proposed rules must, at 
least ten days prior to the proposed hearing, file a notice 
with the Board. Notice of such request to appear or failure 
to give timely notice may be 

waived by the Board in its discretion. Comments should be 
limited to five minutes. Any person permitted to make an 
oral presentation is directed to submit a written statement of 
such presentation to the Board prior to or at the time of 



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such hearing. The Board's address is Post Office Box 
32270, Raleigh, North Carolina 27622-2270. Any person 
may file written submission of comments or argument at any 
time up to and including April 18, 1997. 

Fiscal Note: These Rules do not affea the expenditures or 
revenues of state or local government fimds. These Rules do 
not have a substantial economic impact of at least five 
million dollars ($5,000,000) in a 12-month period. 

SUBCHAPTER 16V - UNPROFESSIONAL 
CONDUCT 

SECTION .0100 - DEFINmONS 

.0101 DEFEVmON: UNPROFESSIONAL 
CONDUCT 

Unprofessional conduct by a dentist shall include, but not 
be limited to, the following: 

£1} Having a license to practice dentistry revoked, 
suspended, or otherwise acted against, including 
the denial of licensure, by the licensing authority 
of another state, territory, or country; [For 
purposes of this Section, the surrender of a 
license under threat of disciplinary action shall be 
considered the same as if the licensee had been 
disciplined. 1 

(2) Presenting false or misleading testimony, 
statements, or records to the Board or the Board's 
investigator or employees during the scope of any 
investigation, or at any hearing of the Board; 

(3) Making or filing a report or record which the 
licensee knows to be false, failing to file a report 
or record required by state or federal law, or 
knowingly impeding or obstructing the filing of a 
report or record, or inducing another person to do 
so; 

(4) Committing any act which would constitute sexual 
battery, sexual misconduct or sexual harassment 
upon a patient or employee or engaging in any 
other lewd, lascivious, or immoral conduct upon 
a patient or employee in connection with the 
provision of dental services; 

(5) Violating any provision of G.S. 90-4 1(a) or any 
administrative rule, violating any lawful order of 
the Board previously entered in a disciplinary 
hearing, or failing to comply with a lawfully- 
issued subpoena of the Board; 

(6) Conspiring with any person to commit an act, or 
committing an act which would tend to coerce, 
intimidate, or preclude any patient or witness 
from testifying against a licensee in any 
disciplinary hearing, or retaliating in any manner 
against any patient or other person who testifies 
or cooperates with the Board during any 
investigation under this Chapter; 

(7) Failing to allow properly authorized Board 



personnel . on demand, to examine and have 
access to original documents, reports and records 
that relate to the dental practice or to dental- 
related activity; 

(8) Failing to identify to a patient, patient's guardian 
or die Board the name of an employee, employer, 
contractor, or agent who renders dental treatment 
or services; 

(9) Abandoning patients before the completion of a 
phase of treatment as such phase of treatment is 
contemplated by the customary practice and 
standards of the dental profession in the State of 
North Carolina without first advising the patient 
of such abandonment and any further treatment 
that is necessary; 

(10) After being requested, failing to cooperate in a 
timely maimer with the Board's investigation; 

(11) Physically abusing a patient; 

(12) Performing professional services without first 
obtaining the informed consent of the patient or 
the patient's legal representative, except in the 
case of an emergency or other circumstances 
where the patient is incapable of providing 
consent; 

(13) Prescribing, procuring, dispensing, administering, 
or otherwise preparing a legend drug, or any 
controlled substance other than in the course of 
professional practice; [For purposes of this 
Section, it shall be legally presumed that 
prescribing, procuring, dispensing or 
administering any drug, including controlled 
substances, in excessive or inappropriate 
quantities is not in the best interest of the patient 
and is not in the course of the professional 
practice of the dentist, without regard to his 
intent. In addition, a dentist shall not use 
controlled substances as an inducement to secure 
or maintain dental patronage or aid in the 
maintenance of any person's drug addiction by 
selling, giving or prescribing controlled 
substances. 1 

(14) Prescribing, procuring, dispensing, or 
admimstering any medicinal drug, including 
controlled substances, for personal use; 

(15) Being unable to practice with reasonable skill and 
safety to patients by reason of illness or use of 
alcohol, drugs, narcotics, chemicals, or any other 
type of material or as a result of any mental or 
physical condition; \\n enforcing this Section, the 
Board, upon a finding that probable cause exists 
to believe that the licensee is unable to practice 
dentistry because of the reasons stated in this rule, 
shall have the authority to issue an order to 
compel the licensee to submit to a mental or 
physical examination by physician(s) designated 
by the Board. If the licensee refuses to comply, 
the Board's order directing the examination may 



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1557 



PROPOSED RULES 



be enforced by filing a petition for enforcement in (21) 

the Circuit Court where the licensee resides or 

does business. The licensee against whom the 

petition is Filed shall not be named or identified 

by initials in any public court records or (22) 

documents, and the proceedings shall be closed to 

the pubUc. A licensee affected under this Section 

shall at reasonable intervals be afforded an (23) 

opportunity to demonstrate that he can resume the 

competent practice of the profession with 

reasonable skill and safety to patients. 1 

(16) Pre-signing blank prescription forms or using pre- 
printed prescription forms with any Drug 
Enforcement Administration number, name of 
controlled substances, or facsimile of a signature; 

(17) Acquiring any controlled substance(s) from any 
pharmacy or other source by misrepresentation, 
fraud or deception: 

(18) Knowingly submitting to a third party any claim 
form, bill or statement which contains any 
misleading, deceptive, false, incomplete, or 
fraudulent representation asserting a fee which is 
greater than the fee the dentist agrees to accept as 
payment in full for an^ given dental appliance, 
procedure, or service; 

(19) Forgiving the co-payment provisions of any 
insurance policy, msurance contract, health 
prepayment contract, health care plan, or 
nonprofit health service plan contract by accepting 
the payment received from a third party as full 
payment, unless the dentist discloses to the third 
party that the patient's payment portion will not 
be collected; 

(20) Exercising influence on a patient in a manner to 
exploit the patient for the financial gain of the 
licensee or of a third party, including, but not 
limited to: 



(a) The promotion of sale of services, goods, 
appliances, or drugs and the promoting or 
advertising on any prescription form of a 
community pharmacy unless the form also 
states: "This prescription may be filled at 
any pharmac\- of your choice."; 

£bj Paying or receiving any commission, 
bonus, kickback, or rebate; or 

(c) Engaging in any split-fee arrangement in 
any form whatsoever with a dentist, 
organization, agency, or person, either 
directly or indirectly, for patients referred 
to providers of health care goods and 
services, including, but not limited to. 
hospitals. nursing homes, 
clinical laboratories. 



dentistry- 
physical therapists, 
ambulaton,' surgical centers, or pharmacies. 
[The provisions of this Section shall not be 
construed to prevent a dentist from receiving a fee 
for professional consultation services]; 



Failing to provide radiation safeguards required 

by the Radiation Protection Section of the State 

Department of Environment, Health, and Natural 

Resources: 

Having professional connection with or lending 

one's name to the unlawful practice of dentistry; 

and 

Usin g the name of any deceased or retired and 

licensed dentist on any office door, directory. 

stationery, bill heading, or any other means of 

communication any time after one year following 

the death or retirement from practice of said 

dentist. 



Authority G.S. 90-28; 90-41; 90-48. 

.0102 DEFIMTION: UNPROFESSIONAL 

CONDUCT BY A DENTAL HYGIENIST 

Unprofessional conduct by a dental hygienist shall 
include, but not be limited to, the following: 

(1) Having a license to practice dental hygiene 
revoked, suspended, or otherwise acted against, 
includiag the denial of licensure, by the licensing 
authority of another state, territory, or country: 
[For purposes of this Section, the surrender of a 
license under threat of disciplinary action shall be 
considered the same as if the licensee had been 
disciplined.] 
Presenting false or misleading testimony. 



(2) 



(3} 



ID 



(5) 



£6} 



m 



statements, or records to the Board or a Board 
employee during the scope of any investigation or 
at an\' hearing of the Board: 
Making or filing a false report or record, failing 
to file a report or record required by state or 
federal law, knowkigly impeding or obstructing 
the filing of a report or record or inducing 
another person to do so; 

Committing any act which would constitute sexual 
battery, sexual misconduct or sexual harassment 
upon a patient or engaging in any other lewd, 
lascivious, or immoral conduct in connection with 
the provision of dental hygiene services; 
Violating any provision of G.S. 90-229 or any 
administrative rule, violating a lawful order of the 
Board previously entered in a disciplinary heanng 
or failing to comply with a lawfully-issued 
subpoena of the Board; 

Conspiring with any person to commit an act, or 
committing an act which would tend to coerce, 
intimidate, or preclude any patient or witness 
from testifying against a licensee in any 
disciplinary hearing, or retaliating in any manner 
against any person who testifies or cooperates 
with the Board during any investigation of any 
licensee; 

Failing to allow properly authorized Board 
personnel, on demand, to examine and have 



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PROPOSED RULES 



£8} 



19} 



(12) 

(13) 
£141 



access to original documents, reports or records 
that relate to dental treatment or dental-related 
activity; 

Failing to identify to a patient, patient's guardian. 
or the Board the name of any person or agent 
who renders dental treatment or services: 
Upon request by the Board, failing to cooperate in 
a timely manner with a Board investigation; 
Physically abusing a patient; 
Performing professional services without first 
obtaining the informed consent of the patient or 
the patient's legal representative, except in the 
case of an emergency or other circumstances 
where the patient is incapable of providing 
consent; 

Procuring, dispensing, or administering any 
medicinal drug, including Schedule 11. IH or IV 
controlled substances, for personal use except 
those prescribed, dispensed, or administered by a 
practitioner authorized to prescribe them; 
Acquiring any controlled substance from any 
pharmacy or other source by misrepresentation, 
fraud or deception; 

Being unable to practice the profession with 
reasonable skill and safety by reason of illness or 
use of alcohol, drugs, narcotics, chemicals, or 
any other substance, or as a result of any mental 
or physical condition: Hn enforcing this Section, 
the Board, upon a finding that probable cause 



(15) 



(16) 



exists to believe that the licensee is unable to 
practice dental hygiene because of the reasons 
stated m this Section, shall have the authority to 
issue an order to compel a licensee to submit to a 
mental or physical examination by phvsician(s) 
designated by the Board. If the licensee refuses 
to comply, the Board's order directing the 
examination may be enforced by filing a petition 
for enforcement in the Circuit Court where the 
licensee resides or does business. The licensee 
against whom the petition is filed shall not be 
named or identified by initials in any public court 
records or documents, and the proceedings shall 
be closed to the public. A licensee affected under 
this Section shall at reasonable intervals be 
afforded an opportunity to demonstrate that he can 
resume the competent practice of his profession 
with reasonable skill and safety to patients .1 
Failing to provide radiation safeguards required 
by the Radiation Protection Section of the State 
Department of Environment. Health, and Natural 
Resources; and 

Having professional connection with or lending 
one's name to the illegal practice of dental 
hygiene. 



Authority G.S. 90-223; 90-229. 



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1559 



TEMPORARY RULES 



The Codifier of Rules has entered the following temporary rule(s) in the North Carolina Administrative Code. Pursuant 
to G.S. l50B-2l.l(e), publication of a temporary rule in the North Carolina Register serves as a notice of rule-making 
proceedings unless this notice has been previously published by the agency. 



TITLE 10 - DEPARTMENT OF HUMAN RESOUCES 

Rule-making Agency: N.C. Medical Care Commission 

Rule Citation: 10 NCAC 3B . 1001 and . 1002 

Effective Date: December 20, 1996 

Findings Reviewed by Beecher Gray: Approved 

Authority for the rule-making: G.S. 131E-256 

Reason for Proposed Action: To adopt the permanent 
version of temporary rules 10 NCAC 3B .1001 and .1002 
concerning the health care personnel registry pursuant to 
Senate Bill 855. 

Comment Procedures: Written comments concerning these 
rules should be submitted to Jackie Sheppard, Rule-making 
Coordinator, P.O. Box 29530, Raleigh, NC 27626-0530. 
Telephone (919) 733-2342. 

CHAPTER 3 - FACILrrY SERVICES 

SUBCHAPTER 3B - PROCEDURAL RULES 

SECTION .1000 - HEALTH CARE PERSONNEL 
REGISTRY 

.1001 DEFINITIONS 

The following definitions shall apply throughout this 
Subchapter: 

(1) "Abuse" means the willful infliction of injury, 
unreasonable confinement. intimidation or 
punishment with resulting physical harm, pain or 
mental anguish. 

(2) "Diversion of drugs" means the unauthorized 
taking or use of any drug. 

(3) "Drug" means any chemical compound that may 
be used on or administered to humans or animals 
as an aid in die diagnosis, treatment or prevention 
of disease or other condition or for the relief of 
pain or suffering or to control or improve any 
physiological pathologic condition. 

(4) "Finding" (when used in conjunction with the 
Health Care Personnel Registry) means a 
determination by the Department that an allegation 
of resident abuse or neglect, misappropriation of 
resident or health care facility property, diversion 
of drugs belonging to a resident or health care 
facility, and fraud against a resident or health care 
facility has been substantiated. 



(5) "Fraud" means an Intentional deception or 
misrepresentation made by a person with the 
knowledge that the deception could result in some 
unauthorized benefit to himself or some other 
person. It Includes any act that constitutes fraud 
under applicable Federal or State Law. 

(6) "Health Care Facility" means all the facilities and 
agencies as defined in G.S. 131E-256rb). 

(7) "Health Care Personnel" means all the persons as 
defined in G.S. 131E-256(c'). 

(8) "Misappropriation of resident property" means the 
deliberate misplacement, exploitation. or 
wrongful, temporary or permanent use of a 
resident's belongings or money without the 
resident's consent. 

(9) " Misappropriation of die property of a health care 
facility" means the deliberate misplacement, 
exploitation, or wrongful, temporary or permanent 
use of a health care facility's property without the 
facility's consent. 

(10) "Neglect" means a failure to provide goods and 
services necessary to avoid physical harm, mental 
anguish or mental illness. 

(1 1) "Resident" means all the individuals residing in or 
being served by a health care facility as defined in 
G.S. 131E-256(l3). 



History Note: Authority G.S. 131E-256; 
Temporary Adoption Ejf. December 20, 1996. 

.1002 INVESTIGATING AND REPORTING 
HEALTH CARE PERSONNEL 

(a) The health care facility shall thoroughly investigate 
and document all allegations of resident abuse or neglect, 
misappropriation of resident or facility property, diversion 
of drugs belonging to a resident or facility, and fraud 
against a resident or facility, within five working days of the 
date the facility becomes aware of the alleged incident. The 
facility shall take whatever steps are necessary to prevent 
further acts of abuse, neglect, misappropriation of property, 
drug diversion, or fraud while the investigation is in 
progress. 

(b) Upon completion of the Investigation, the health care 
facility shall ensure that all allegations which appear to a 
reasonable person to be related to any act of resident abuse 
or neglect, misappropriation of resident or facility property, 
diversion of drugs belonging to a resident or facility, and 
ft^ud against a resident or facility are reported immediately 
to the Division of Facility Services. The report shall be 
printed or typed and mailed or faxed to the Division. The 
report shall Include all information relevant to the 
investigation. 



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TEMPORARY RULES 



History Note: Authority G.S. 131E-256; 
Temporary Adoption Eff. December 20, 1996. 



TITLE ISA - ENVIRONMENT, HEALTH, AND 
NATURAL RESOURCES 

Rule-making Agency: EHNR - Commission for Health 
Services 

Rule Citation: 15A NCAC 18A . 1937, . 1938 

Effective Date: January 20, 1997 

Findings Reviewed by Beecher Gray: Approved 

Authority for the rule-making: G.S. 130A-335(e) and (fl 

Reason for Proposed Action: The proposed Temporary 
Rules are necessary because of amendments to N. C. G. S. 
130-333 et seq. , Wastewater Systems, enacted by the 
Legislature during the Short Sessions of 1996, a copy of 
which is attached. The principal amendments are 1) the 
addition of an Improvement Permit that is valid for five (5) 
years [130A-335(f)], 2) definitions of a plat and a site plan 
fl30A-334(7b) and (13a) respectively], 3) the redefinition of 
the period of validity for an authorization for wastewater 
system construction to be up to five (5) years fl30A-336(b)J, 
and 4) the addition of a subsection to allow for the 
withholding of funds to local health departments under 
certain conditions [13OA-3360J. These rules were e-mailed 
to the local health departments on November 20, 1996. 
Upon approval by the Codifier of Rules, these rules will 
become effective January 20, 1997. An abbreviated notice 
will be given for these rules in the DEHNR rule-making 
agenda to be published in the January 2, 1997 issue of the 
NC Register. This agency will mail a copy of the adopted 
rules to all interested parties on or before January 8, 1997. 
These rules will also appear in the register on January 15, 
1997. 

Comment Procedures: Comments, statements, data and 
other information may be submitted in writing within 60 days 
after the date of publication of this issue of the North 
Carolina Register. Copies of the proposed rules may be 
obtained by contacting the On-Site Wastewater Section at 
(919) 733-2895. Written comments may be submitted to Bill 
Jeter, Division of Environmental Health, On-Site Wastewater 
Section, PO Box 29594, Raleigh, NC 27626-0594. 

CHAPTER 18 - ENVIRONMENTAL HEALTH 

SUBCHAPTER 18A - SANITATION 

SECTION .1900 - SEWAGE TREATMENT AND 
DISPOSAL SYSTEMS 



.1937 PERMITS 

(a) An Improvement P e rmit Permit. Authorization for 
Wastewater System Construction (Construction 
Authorization) and Operation Permit, shall be required in 
accordance with G.S. 130A 336. 130A-336. G.S. 130A- 
337 and OJ. 130A-338. Rule . 1949 of this Section shall be 
used to determine whether subsequent additiono — er 
modifications or additions, modifications, or change in the 
type of facility increase sowago flow, wastewater flow or 
alter wastewater characteristics. 

fb) The — local — h e alth — d e partm e nt — ohall — issue — as 

Improvomont Pormit only after it has dotcrmincd that the 
system is designed and can bo installod so as to meet tho 
provieionti of th e s e Rul e o. — i\n Improv e ment P e rmit shall b e 

valid for 60 months from th e dat e of issu e . If tho 

installation has not boon completed during that time period, 
the — informati -eg — submitted — ia — the — application — fef — aa 
Improv e m e nt Pormit is falsifi e d or changed, or th e sit e i s 

alt e r e d, — th e permit shall — b e com e — invalid. Whoa an 

Improvement Pormit has bocomo invalid, tho installation 
shall — set — be — commoncod — er — oomplotod — uatil — a — aew 
Improv e m e nt P e rmit has boon obtained. 

(b) An application for an Improvement Permit or 
Construction Authorization, as applicable, shall be submitted 
to the local health department for each site prior to the 
construction, location, or relocation of a residence, place of 
business, or place of public assembly. Applications for 
systems required to be designed by a professional engineer 
and applications for industrial process wastewater systems 
shall meet the provisions of Rule . 1938 of this Section. 

(1) The appUcation for an Improvement Permit shall 
contain at least the following information: owner's 
name, mailing address, and phone number, 
location of property, plat of property or site plan, 
description of existing and proposed facilities or 
structures, number of bedrooms, or number of 
persons served, or other factors required to 
determine wastewater system design flow or 
wastewater characteristics, type of water supply, 
and signature of owner or owner's legal 
representative. The applicant shall be responsible 
for identifying in the field property lines and for 
making the site or sites accessible for an 
evaluation as required in Rule .1939 of this 
Section. The applicant shall be responsible for 
notifying the local health department on the 
application of the following: 

(A) the property contains jurisdictional 
wetlands: 

(B) wastewater other than sewage will be 
generated: or 

(C) the site is subject to approval by other 
public agencies. 

(2) The appUcation for a Construction Authorization 
shall contain the information required in 
Subparagraph (1) of this Paragraph and the 
proposed system type as specified by the owner or 



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TEMPORARY RULES 



owner's legal representative and that meets the 

conditions of the Improvement Permit, the 

provisions of these Rules, and G.S 130A, Article 

11. 

fe^ — Application for an Improvement Permit aholl bo 

Gubmitt d d to the local health departm e nt. — The application 

ohall contain at l e aot the following informatio ft^ — nam e of 

owner. — mailing addrooo. — location of property', plat of 

proport)' (if not readily available to local health department). 

typo of facility', e otimated sewag e flow bas e d on numb e r of 

bedrooms or number of poroono ooP i 'ed. t)'p e of wat e r 

supply, and oignature of owner or authorized agent. — The 

applicant shall be rosponaiblo for notifying the local health 

department of any designated wetland. 

(c) An authorized agent of DEHNR shall issue an 
Improvement Permit after determining that the site is 
suitable or provisionally suitable and that a system can be 
installed so as to meet the provisions of these Rules. The 
Improvement Permit shall include those items required in 
G.S. 130A-336(a). An Improvement Permit for which a 
plat is provided shall be valid without expiration and an 
Improvement Permit for which a site plan is provided shall 
be valid for 60 months from the date of issue as provided in 
G.S. 130A-335(f) and 336(a). The Improvement Permit is 
transferable to subsequent owners except as provided in 
G.S. 130A-335(f) and 336(a). 

(d) The Construction Authorization as provided in G.S. 
130A-335(f) and G.S. 130A-336rb) shall be valid for a 
period equal to the period of validity of the Improvement 
Permit, not to exceed 60 months. Site modifications 
required as conditions of an Improvement Permit shall be 
completed prior to the issuance of a Construction 
Authorization. The Construction Authorization shall be 
issued by an authorized agent for the installation of a 
wastewater system when it is found that the Improvement 
Permit conditions and rules in this Section are met. The 
Construction Authorization shall contain conditions 
regarding system type, system layout, location, and 
installation requirements. It shall be the responsibility of 
the property owner to ensure that a Construction 
Authorization is obtained and is valid prior to the 
construction or repair of a system and the construction, 
location, or relocation of a residence, place of business, or 
place of public assembly. If the installation has not been 
completed during the period of validity of the Construction 
Authorization, the information submitted in the application 
for a Pennit or Construction Authorization is found to have 
been incorrect, falsified or changed, or the site is altered. 
the Permit or Construction Authorization shall become 
invalid and may be suspended or revoked. When a Permit 
or Construction Authorization has become invalid, 
suspended, or revoked, the installation shall not be 
commenced or completed until a new Permit or 
Construction Authonzation has been obtained. Revised 
Construction Authorizations shall be issued for sites where 
Improvement Permits are valid without expiration in 
compliance with G.S. 130A-335(fl). 



(e)fd-) Prior to the issuance of Improvement Porm k a 
Construction Authorization for a Bonitor^' s e wage wastewater 
system to serve a condominium or other multiple-ownership 
development where the system will be under common or 
joint control, a draft agreement (tri -party) among the local 
health department, developer, and a proposed non-profit, 
incorporated owners association shall be submitted to the 
local health department for approval. Prior to the issuance 
of an Operation Pennit for a system requiring a tri-party 
agreement, the agreement shall be properly executed among 
the local health department, developer, and a non-profit, 
incorporated owners association and filed with the local 
register of deeds. The tri-party agreement shall address 
ownership transfer of ownership, maintenance, repairs, 
operation, and the necessary funds for the continued 
satisfactory performance of the sanitary' sewage wastewater 
system, including collection, treatment, disposal, and other 
appurtenances. 

(e) — No r e sid e nc e , plao e of busin e ss, or place of publio 
assembly shall bo occupied nor shall any sonitar)' sewage 
s)'stem bo covered or placed into use until the local health 
department finds that th e syst e m is in oomplionce with 
Articl e 11 of G.S. Chapt e r 130A, th e s e Rules, and all 
conditions prescribed by the Improvement Pormit, and 
issues a Certificate of Completion or an Operation Permit -r 
At th e revi e w fr e qu e ncy sp e oifi e d in Rul e .1961, Table V(a) 
of this S e ction, th e local h e alth d e partm e nt shall d e terrmn e 
whether a system with on Operation Permit is operating 
properly and complies with the conditions of the Operation 
Permit. Th e local h e alth d e partm e nt may susp e nd or r e vok e 
th e Op e ration P e rmit if it is determined that th e syst e m io 
not operating properly or is not in compliance with Article 
11 of G.S. Chapter 130A, these Rules, and all conditions 
impos e d by th e Op e ration P e rmit. 

f#) — Upon d e t e rmining that on e xisting Bonitajy' s e wag e 
s)'stem has a valid Operation Permit or a valid Certificate of 
Completion and is operating satisfactorily in a mobile hom e 
park, th e local h e alth d e partm e nt shall issue a writt e n 
authorization for a mobil e hom e to b e conn e ct e d to th e 
existing system and to bo occupied. 

(f) No residence, place of business, or place of public 
assembly shall be occupied nor shall any wastewater system 
be covered or placed into use untU an authorized agent finds 
that the system is in compliance with Article II of G.S. 
130A, these Rules, and all conditions prescribed by the 
Improvement Permit, and Construction Authorization, and 
issues an Operation Permit. TTie Operation Permit shall 
specify the system type in accordance with Table V(a) of 
Rule .1961 of this Section. At the review frequency 
specified in Rule . 1 96 1 . Table V(a) of this Section, an 
authorized agent shall determine whether a system with an 
Operation Permit is operated and maintained in compliance 
with the conditions of the Operation Permit, these Rules, 
and Article 1 1 of G.S. 130A. An authorized agent may 
suspend or revoke the Operation Permit or seek other 
remedies under Article 2^ 130 A if U is determined that the 
system is not being operated or maintained properly or is 



1562 



NORTH CAROLINA REGISTER 



January 15, 1997 



11:20 



V 



TEMPORARY RULES 



not in compliance with Article 11 of G.S. 130A. these 
Rules, and all conditions imposed bj; the Operation Permit. 

{g} Upon determining that an existing wastewater system 
in a manufactured home park has a valid Operation Permit 
and is in compliance with Article 11 of G.S. 130A. these 
Rules, and permit conditions, the local health department 
shall issue a written authorization for a manufactured home 
to be connected to the existing system. 

(h'Xg) Any person other than the owner or controller of 
a residence, place of business, or place of public assembly, 
who engages Ln the business of constructing, installing, or 
repairing wastewater sanitar>' sosvago systems shall register 
with the local health department in each county where he 
operates before constructing, Installing, or repairing 
wastewater oonitor)' oo' . ^'ag e systems. 

(b) — Systoms which oxcood 3,000 gallons per day and 
other oystoms which aro required to bo dosignod by a 
professional onginoor ohall b e r e inapootod annually. 

(i) The local hoalth d e partm e nt An authorized agent shall 
prepare a written report with reference to the site and soil 
conditions required to be evaluated pursuant to this Section. 
When a permit is denied, the report shall be provided to the 
applicant. If modifications or alternatives are available, 
information shall be provided to the applicant. The report 
shall be signed and dated by the — local — (authorized) 
oanitorian. an authorized agent of the State. 

{j} A plat or site plan shall not be required for the 
application for a Construction Authorization to repair a 
previously permitted system when the repairs will be 
accomplished on property owned and controlled by the 
applicant and for which the property lines are readily 
identifiable in the field. 

History Note: Authority G.S. 130A-335(e) and (f); 

Ejf. July 1, 1982; 

Amended Eff. August 1, 1991; January 1, 1990; January 1 , 

1984; 

Temporary Amendment Eff. January 20, 1997. 

.1938 RESPONSffiELITIES 

(a) The design, construction, ojjeration, and maintenance 
of sewage treatment and disposal systems, whether septic 
tank systems, privies or alternative systems, shall be the 
responsibility of the designer, owner, developer, installer, 
or user of the system as applicable. 

(b) Actions of representatives of local health departments 
or the State engaged Ln the evaluation and determination of 
measures required to effect compliance with the provisions 
of this Section shall in no way be taken as a guarantee or 
warranty that sewage treatment and disposal systems 
approved and permitted will function in a satisfactory 
manner for any given period of time. Due to the 
development of clogging mats which adversely impact the 
life expectancy of normally functioning ground absorption 
sewage treatment and disposal systems and variables 
influencing system function which are beyond the scope of 
these Rules, no guarantee or warranty is implied or given 



that a sewage treatment and disposal system will function in 
a satisfactory manner for any specific period of time. 

(c) Prior to the issuance of an Improvement Permit or 
Construction Authorization, plans and specifications 
prepared by a person with a demonstrated knowledge of 
sanitary sewage collection, treatment, and disposal systems, 
soU and rock characteristics, groimd-water hydrology, and 
drainage systems may be required for review and approval 
by the local health department when there is an unsuitable 
soil or unsuitable characteristic and shall be required for: 

(1) alternative systems not specifically described Ln 
this Section, and 

(2) drainage systems serving two or more lots. 

(d) Any oanitary s e wage wastewater system which meets 
one or more of the following conditions shall be designed by 
a registered professional engineer: 

(1) The system is designed to handle over 3,000 
gallons per day, as determined in Rule .1949(a) 
or (b) of this Section, except where the system is 
limited to an individual septic tank system serving 
an individual dwelling unit or several individual 
septic tank systems, each serving an individual 
dwelling unit. 

(2) The system requires pretreatment, other than by 
a conventional septic tank, before disposal. 

(3) The system requires use of sewage pumps prior to 
the septic tank or other pretreatment system, 
except for systems subject to the North Carolina 
Plumbing Code. 

(4) The system requires use of more than one pump 
or siphon. 

(5) The system includes a collection sewer, prior to 
the septic tank or other pretreatment system, 
which serves two or more buildings, except for 
systems subject to the North Carolina Plumbing 
Code. 

(6) The system includes structures which have not 
been pre-engineered. 

(7) Any other system serving a business or 
multi-family dwelling so specified by the local 
health department. 

(e) An improvomont permit shall not bo issu e d unl e ss tho 
plans and sp> e oifioationo, including m e thods of op e ration and 
maintonanoo, aro approved. — Tho stato shall roviow and 
approve An improvement permit shall not be issued unless 
the site plan or plat and system layout, including details for 
any proposed site modifications, are approved. A 
Construction Authorization shall not be issued unless plans 
and specifications, including methods of operation and 
maintenance, are approved. The State shall review and 
a pprove the system layout on a site plan or plat, plans and 
specifications for all systems serving a design unit with a 
design flow greater than 3,000 gallons per day, as 
determined in Rule .1949 (a) or (b) of this Section, except 
where the system is limited to an individual septic tank 
system serving an individual dwelling unit or several 
individual septic tank systems, each serving an individual 



11:20 



NORTH CAROLINA REGISTER 



January 15, 1997 



1563 



TEMPORARY RULES 



dwelling unit. The state shall also review and approve any 
other system so specified by the local health department. 
Prior to issuance of the operation permit for a system 
designed by a registered professional engineer, the owner 
shall submit to the local health department a statement 
signed by a registered professional engineer stating that 
construction is complete and in accordance with approved 
plans and specifications and approved modifications. 
Periodic observations of construction and a final inspection 
for design compliance by the certifying registered 
professional engineer or his representative shall be required 
for this statement. The statement shall be affixed with the 
registered professional engineer's seal. 

(f) Plans and specifications required to be prepared by a 
registered professional engineer shall contain all necessary 
information for construction of the system in accordance 
with applicable rules and laws and shall include at least one 
or more of the following, as determined to be applicable by 
the local health department or the State: 

(1) the engineer's seal, signature, and the date on all 
plans and the first sheet of specifications; 

(2) a description of the facilities served and the 
calculations and basis for the design flow 
proposed; 

(3) a site plan based on a surveyed plat showing all 
system components, public water supply sources 
within 500 feet, private water suppUes and surface 
water suppUes within 200 feet, water lines serving 
the project and within ten feet of all components, 
building foundations, basements, property lines, 
embankments or cuts of two feet or more in 
vertical height, swimming pools, storm sewers, 
interceptor drains, surface drainage ditches, and 
adjacent nitrification fields; 

(4) specifications describing all materials to be used, 
methods of construction, means for assuring the 
quahty and integrity of the finished product, and 
operation and maintenance procedures addressing 
requirements for the system operator, inspection 
schedules, residuals management provisions, 
process and performance monitoring schedules, 
and provisions for maintaining mechanical 
components and nitrification field vegetative 
cover; 

(5) plan and profile drawings for collection sewers, 
force mains and supply lines, showing pipe 
diameter, depth of cover, cleanout and manhole 
locations, invert and ground surface elevations, 
valves and other appurtenances, lateral 
connections, proximity to utilities and pertinent 
features such as wells, water lines, storm drains, 
surface waters, structures, roads, and other 
trafficked areas; 



(6) plans for all tanks, showing capacity, invert and 
ground elevations, access manholes, inlet and 
outlet details, and plans for built-in-place or 
nonstate-approved, precast tanks, also showing 
dimensions, reinforcement details, liquid depth, 
and other pertinent construction features; 

(7) calculations for pump or siphon sizing, pump 
curves, and plan and profile drawings for lift 
stations and effluent dosing tanks, showing 
anti-buoyancy provisions, pump or siphon 
locations, discharge piping, valves, vents, pump 
controls, pump removal system, electrical 
connection details, and activation levels for pumps 
or siphons and high-water alarms; 

(8) plan and profile drawings for wastewater 
treatment plants and other pretreatment systems, 
including cross-section views of all relevant 
system components, and data and contact lists 
from comparable facilities for any non-standard 
systems; 

(9) plans for nitrification field and repair area, 
showing the following: 

(A) field locations with existing and fmal 
relative contour lines based on field 
measurements at intervals not exceeding 
two feet or spot elevations if field areas are 
essentially flat or of uniform grade; 

(B) field layout, pipe sizes, length, spacing, 
connection and clean out details, invert 
elevations of flow distribution devices and 
laterals, valves, and appurtenances; 

(C) trench plan and profile drawings and flow 
distribution device details; 

(D) location and design of associated surface 
and groundwater drainage systems; and 

(10) any other information required by the local health 
department or the State. 

(g) The entire oanitar>' wastewater sewage system shall 
be on property owned or controlled by the person owning or 
controlling the system. Necessary easements shall be 
obtained permitting the use and unlimited access for 
inspection and maintenance of all portions of the system to 
which the owner and operator do not hold undisputed title. 
Easements shall remain valid as long as the system is 
required and shall be recorded with the county register of 
deeds. 

History Note: Authority G.S. 130A-3 35(e) and (f); 
Eff. July 1, 1982; 

Amended Eff. January 1, 1990; April 1, 1985. 
Temporary Amendment Eff. January 20, 1997. 



1564 



NORTH CAROLINA REGISTER 



January 15, 1997 



11:20 



TEMPORARY RULES 



Rule-making Agency: EHNR - Commission for Health Services 

Rule Citation: 15A NCAC 18A . 1958. . 1961 

Effective Date: January 20. 1997 

Findings Reviewed by Beecher Gray: Approved 

Authority for the rule-making: G.S. 130A-3 35(e) and (f) 

Reason for Proposed Action: The wrath of Hurricane Fran revealed a need to allow: 1) the use of holding tanks as a 
component of a system while repairs are affected [Rule . 1958(b) and . 1961(d)] and, 2) the proper abandonment of systems 
that are not repairable [Rule .1961(c)]. 

Comment Procedures: Comments, statements, data and other information may be submitted in writing within 60 days after 
the date of publication of this issue of the North Carolina Register. Copies of the proposed rules may be obtained by 
contacting the On-Site Wastewater Section at (919) 733-2895. Written comments may be submitted to Bill Jeter, Division 
of Environmental Health, On-Site Wastewater Section, PO Box 29594, Raleigh, NC 27626-0594. 

CHAPTER 18 - ENVIRONMENTAL HEALTH 

SUBCHAPTER 18A - SANITATION 

SECTION .1900 - SEWAGE TREATMENT AND DISPOSAL SYSTEMS 

.1958 NON-GROUND ABSORPTION SEWAGE TREATMENT SYSTEMS 

(a) Where an approved privy, an approved septic tank system, or a connection to an approved public or community 
sewage system is impossible or impractical, this Section shall not prohibit the state or local health department from permitting 
approved non-ground absorption treatment systems utilizing heat or other approved means for reducing the toilet contents 
to an inert or stabilized residue or to an otherwise harmless condition, rendering such contents noninfectious or 
noncontaminating. Alternative systems shall be designed to comply with the purposes and intent of this Section. 

(b) Holding tanks shall not be considered as an acceptable sewage treatment and disposal system. An improvement permit 
shall not be issued for a sewage holding tank, tank for any new construction. However. An Authorization to Construct may 
be issued for a holding tank for pumping and hauling of wastewater to a wastewater system approved under this Section when 
the owner has provided a showing that a malfunctioning system cannot otherwise be repaired by connection to a system 
approved under this Section or to a system approved under the rules of the Environmental Management Commission. 

(c) Incinerating, composting, vault privies, and mechanical toilets shall be approved by the state agency or local health 
department only when all of the sewage will receive adequate treatment and disposal. 

(d) Sewage recycling systems which discharge treated waste-water meeting the state drinking water standards may be used 
only for toilet flushing and recycled sewage shall not be used for body contact or human consumption. Such systems must 
be specifically approved by the state or local health department. 

(e) Chemical or portable toilets for human waste may be used at mass gatherings, construction sites, and labor work 
camps. Chemical or jxsrtable toilets proposed for use at a labor work camp shall have an operation permit from the local 
health department upon a showing by the owner or controller that the chemical or portable toilet shall be maintained in a 
sanitary condition. Chemical or portable toilets shall have a watertight waste receptacle constructed of nonabsorbent, acid 
resistant, noncorrosive material. The chemical or portable toilet waste collected shall be discharged into an approved sewage 
treatment and disposal system. 

History Note: Authority G.S. 130A-335(e) and (f); 
Eff. July 1, 1982; 

Amended Eff. August 1, 1991; January 1, 1990; 
Temporary Amendment Eff. January 20, 1997. 

.1961 MAEVTENANCE OF SEWAGE SYSTEMS 

(a) Any person owning or controlling the properly upon which a ground absorption sewage treatment and disposal system 



11:20 NORTH CAROLINA REGISTER January 15, 1997 1565 



TEMPORARY RULES 



is installed shall be responsible for the following items regarding the maintenance of the system: 

(1) Ground absorption sewage treatment and disposal systems shall be maintained at all times to prevent seepage or 
discharge of sewage or effluent to the surface of the ground or to surface waters. 

(2) Ground absorption sewage treatment and disposal systems shall be checked, and the contents of the septic tank 
removed, periodically to ensure proper operation of the system. 

(b) System management in accordance with Tables V(a) and V(b) of this Rule shall be required for all systems installed 
or repaired after July 1, 1992. After July 1, 1992, system management in accordance with Tables V(a) and V(b) shall be 
required for all existing Type V and Type VI systems. 

(1) After July 1, 1992, no Improvement Permit or Construction Authorization shall be issued for Type IV, Type V, 
or Type VI systems, unless a management entity of the type specified in Table V(b) is specifically authorized, 
fijnded, and operational to carry out this management program in the service area where the proposed system is 
to be located. 

(2) A local health department may be a pubUc management entity for systems classified Type IV, V(a) and V(b) only 
when specifically authorized by resolution of the local board of health. 

(3) A contract shall be executed between the system owner and a management entity prior to the issuance of an 
Operation Permit for a system required to be maintained by a public or private management entity. The contract 
shall include the specific requirements for maintenance and operation, responsibilities of the owner and system 
operator, provisions that the contract shall be in effect for as long as the system is in use, and other requirements 
for the continued proper performance of the system. It shall also be a condition of the Operation Permit that 
subsequent owners of the system execute such a contract. 

(4) Inspections of the system shall be performed by a management entity at the frequency specified in Table V(b). 
The management entity shall report the results of their inspections to the local health department at the specified 
reporting frequency. However, where inspections indicate the need for system repairs, the management entity shall 
notify the local health department within 48 hours in order to obtain bb Improvomont Perm it a Construction 
Authorization for the repairs. 

(5) The management entity shall be responsible for assuring routine maintenance procedures in accordance with the 
conditions of the Operation Permit and the contract. 

(6) Sewage systems with multiple components shall be classified by their highest or most complex system type in 
accordance with Table V to determine local health department and management entity responsibilities. 

(7) Sewage systems not identified in this Rule shall be classified by the Division of Environmental Health after 
consultation with the appropriate commission governing operators of pollution control facilities. 

(8) The local health department shall routinely review the performance and operation reports submitted in accordance 
with Table V(b) of this Rule and shall perform an on-site inspection of the systems as required in Table V(a). 

(9) Nothing in this Section shall preclude any requirements for system operators imposed in accordance with Article 
3 of G.S. 90A. 



TABLE V(a) 
LOCAL HEALTH DEPARTMENT RESPONSIBIUTIES 



System 
Classification 



System 
Description 





Minimum 




System 


Permits 


Review 


Required 


Frequency 



Type 1 



Type II 



a. Privy 

b. Chemical toilet 

c. Incinerating toilet 

d. Other toilet system 

e. Grease trap 



a. Conventional septic system 
(single-family or 480 GPD 
or less) 

b. Conventional septic system 
with 750 linear feet of 



Improvement P e rmit N/A 
Permit. Construction 
Authorization, and Operation 
Permit 



Improvement Permit N/A 

Permit, Construction 
Authorization, and Cortifioato 
ef Operation Permit 
Completion 



1566 



NORTH CAROLINA REGISTER 



January 15, 1997 



11:20 



TEMPORARY RULES 



Type m 



nitrification line or less 
c. Conventional system with 
shallow placement 



a. Conventional septic system 
> 480 GPD (excluding 
single-family residence) 

b. Septic system with 
single effluent pump 
or siphon 

c. Gravity fill system 

d. Dual gravity field system 

e. PPBPS system, gravity dosed 

f. Large diameter pipe system 

g. Other non-conventional 
trench systems 



Improvement Permit 
Permit. Construction 
Authorization, and Operation 
Permit 



5 yrs. nnb only) 



Type IV 



a. Any system with LPP 
distribution 

b. System with more than 
1 pump or siphon 



Improvement Pormit 3 yrs. 
Permit. Construction 
Authorization, and Operation 
Permit 



Type V 



a. Sand filter pretreatment 
system 

b. Any > 3,000-GPD septic 
tank system with a 
nitrification field 
designed for > 1500 GPD 

c. Aerobic Treatment Unit (ATU) 

d. Other mechanical, biological, 
or chemical pretreatment plant 
( < 3000 GPD) 



Improvement P e rmit 12 mos. 

Permit. Construction 
Authorization, and Operation 
Permit 



Type VI 



a. Any > 3.000 GPD system 
with mechanical, biological, 
or chemical pretreatment 
system plant 

b. Wastewater reuse/recycle 



Improvement P e rmit 6 mc 
Permit. Construction 
Authorization, and Operation 
Permit 



TABLE V(b) 
MANAGEMENT ENTITY RESPONSIBIUTIES 



System 
Classification 



Management 
Entity 



Minimum System 
Inspection/Maintenance Reporting 

Frequency Frequency 



Type I 


Owner 


N/A 


N/A 


Type n 


Owner 


N/A 


N/A 


Type III 


Owner 


N/A 


N/A 



Type IV Public Management 

Entity With a 
Certified Operator or a 



2/yr. 



12 mos. 



11:20 



NORTH CAROLINA REGISTER 



January 15, 1997 



1567 



TEMPORARY RULES 



Private Certified Operator 



Type V 
(a) & (b) 



(c) & (d) 



Public Management 
Entity With a 
Certified Operator or a 
Private Certified Operator 



F*ublic Management Entity 
With Certified Operator 



2/yr (0-1500 GPD) 
4/yr (1500-3000 GPD) 
12/yr (3000-10000 GPD) 
1/wk (> 10000 GPD) 
12/yr (3000-10000 GPD) 
1/wk (> 10000 GPD) 
4/yr. 
12/yr. 



Type VI Public Management Entity 

With a Certified Operator 



l/wk(3000- 10000 GPD) 
2/wk( 10000-25000 GPD) 
3/wk(25000-50000 GPD) 
5/wk(> 75000 GPD) 
, 12/yr. 



(c) A sewage collection, treatment, and disposal system that creates or has created a public health hazard or nuisance by 
surfacing of effluent or discharge directly into ground water or surface waters, or that is partially or totally destroyed shall 
be repaired within 30 days of notification by the state or local health department unless the notification otherwise specifies 
a repair period in writing. If a system described in the preceding sentence has for any reason been disconnected, the system 
shall be repaired prior to reuse. The state or local health department shall use its best professional judgement in requiring 
repairs that will reasonably enable the system to function properly. If, for any reason, a sewage collection, treatment, and 
disposal system is found to be nonrepairable, the system shall not be used. used, and may be required to be abandoned as 
directed by the authorized agent to protect the public health and safety. 

(d) When necessary to protect the pubUc health, the state or local health department may require the owner or controller 
of a malfunctioning system to pump and haul sewage to an approved sanitary sowago wastewater system during the time 
needed to repair the system. 

History Note: Filed as a Temporary Amendment Eff. July 3, 1991 , 
for a Period of 180 Days to Expire on December 30, 1991; 
Filed as a Temporary Amendment Eff. June 30, 1990, 
for a Period of 180 Days to Expire on December 27, 1990; 
Authority G.S. 130A-3 35(e) and (f); 
Eff. July 1, 1982; 

Amended Eff. August 1, 1991; October 1, 1990; January 1, 1990; August 1, 1988; 
Temporary Amendment Eff. January 20, 1997. 



1568 



NORTH CAROLINA REGISTER 



January 15, 1997 



11:20 



APPROVED RULES 



This Section includes the Register Notice citation to Rules approved by the Rules Review Commission (RRC) at its 
meeting of December 19. 1996 pursuant to G.S. 150B-21. 17(a)(1) and reported to the Joint Legislative Administrative 
Procedure Oversight Committee pursuant to G. S. 150B-21. 16. The full text of rules are published below when the rules 
have been approved by RRC in a form different from that originally noticed in the Register or when no notice was 
required to be published in the Register. The rules published in full text are idemified by an * in the listing of approved 
rules. Statutory Reference: G.S. 150B-21.17. 

These rules unless otherwise noted, will become effective on the 31st legislative day of the 1997 Regular Session of the 
General Assembly or a later date if specified by the agency unless a bill is introduced before the 31st legislative day that 
specifically disapproves the rule. If a bill to disapprove a rule is not ratified, the rule will become effective either on 
the day the bill receives an unfavorable final action or the day the General Assembly adjourns. Statutory reference: G.S. 
1503-21. 3. 



APPROVED RULE CITATION 



REGISTER CITATION TO THE 
NOTICE OF TEXT 



15A 



NCAC 


09C 


.0701 - 
.0704 


.0702 




48A 


.1103* 
.1110* 






48B 


.0112 
.0114 
.0119 
.0120* 






52B 


.0201 




NCAC 


05 


.0202 - 
.0207 


.0204 


NCAC 


20B 


.0204 - 
.0206 


.0205* 






.0208 - 


.0210 






.0214 








.0218* 








.0222* 








.0224 








.0226 - 


.0227 




20C 


.0603 






20D 


.0204* 






26H 


.0602 






41? 


.0102* 
.0105* 
.0113* 






42A 


.0703* 






42C 


.2011 - 


.2012* 




42D 


.1410 - 


.1411* 


NCAC 


02B 


.0229* 
.0237* 






031 


.0101* 
.0105* 






03L 


.0201* 






03M 


.0202 

.0503 

.0504* 

.0506 

.0511* 






03R 


.0106 - 


.0107 




06E 


.0102 - 


.0103 



:06 


NCR 


324 


:06 


NCR 


324 


:06 


NCR 


326 


:06 


NCR 


326 


.06 


NCR 


327 


06 


NCR 


327 


:06 


NCR 


327 


06 


NCR 


327 


06 


NCR 


327 


04 


NCR 


188 


04 


NCR 


188 


13 


NCR 


1051 


13 


NCR 


1052 


13 


NCR 


1052 


13 


NCR 


1052 


13 


NCR 


1053 


13 


NCR 


1053 


13 


NCR 


1053 


13 


NCR 


1054 


13 


NCR 


1054 


13 


NCR 


1055 


13 


NCR 


1061 


12 


NCR 


960 


12 


NCR 


961 


12 


NCR 


967 


10 


NCR 


824 


12 


NCR 


968 


12 


NCR 


971 


09 


NCR 


572 


09 


NCR 


572 


11 


NCR 


888 


11 


NCR 


891 


11 


NCR 


892 


11 


NCR 


938 


11 


NCR 


892 


11 


NCR 


938 


11 


NCR 


894 


11 


NCR 


939 


11 


NCR 


895 


12 


NCR 


979 



11:20 



NORTH CAROLINA REGISTER 



January 15, 1997 



1569 



APPROVED RULES 







07H 


.0104* 
.0304* 








lOB 


.0113* 
.0115 








12B 


.1206* 








18A 


.0136 - 

.0159 

.0169 

.0173* 

.0174 - 

.0184 

.0186 

.0302* 

.0401 

.0424 - 

.0615 - 

.0617* 

.0620 

.1302 

.1805 


.0137 
.0175 

.0425 
.0616 


16 


NCAC 


07 


.0101 - 


.0103* 


21 


NCAC 


58A 
60 


.0101 

.0104* 

.0105 

.0109 - 

.0503 - 

.1601 

.0314* 


.0110 
.0504 


26 


NCAC 


02C 


.0102 

.0103* 

.0111 

.0307* 

.0401* 

.0502* 





07 


NCR 


409 


07 


NCR 


411 


12 


NCR 


983 


12 


NCR 


983 


12 


NCR 


985 


12 


NCR 


988 


12 


NCR 


989 


12 


NCR 


989 


12 


NCR 


989 


12 


NCR 


990 


12 


NCR 


992 


12 


NCR 


992 


12 


NCR 


994 


12 


NCR 


994 


12 


NCR 


995 


12 


NCR 


995 


12 


NCR 


995 


12 


NCR 


996 


12 


NCR 


998 


09 


NCR 


576 


09 


NCR 


576 


03 


NCR 


114 


11 


NCR 


935 


03 


NCR 


114 


03 


NCR 


114 


03 


NCR 


114 


03 


NCR 


114 


10 


NCR 


840 


13 


NCR 


1058 


13 


NCR 


1058 


13 


NCR 


1058 


13 


NCR 


1058 


13 


NCR 


1058 


13 


NCR 


1058 



TITLE 2 - DEPARTMENT OF AGRICULTURE 

CHAPTER 48 - PLANT INDUSTRY 

SUBCHAPTER 48A - PLANT PROTECTION 

SECTION .1100 - TOBACCO PLANT 
CERTIFICATION 

.1103 UNLAWFUL USE OR DISTRIBUTION OF 
PLANTS 

(a) No person, firm, company, partnership or corporation 
(hereinafter "person") shall pack, transport, sell or offer for 
sale, ship or bring into or plant in this state any tobacco 
plants produced out of state unless such plants are certified 
tobacco plants and are imported under the tobacco plant 
import permit. 

(b) Only certified tobacco plants shall be sold or offered 
for sale in North Carolina, except that a person may make 
no more than throo sales sell or donations donate et—& 
combination thereof of uncertified tobacco plants produced 



in North Carolina to residents of this state in a singl e 
cal e ndar y e ar, provided the planting location is within 75 
miles from where the plants were produced. 

(c) A North Carolina resident, including any firm, 
company, partnership or corporation having its principal 
place of business in this state, engaged in the production of 
tobacco on land located both in North Carolina and a 
contiguous state, may apply to the Plant Pest Administrator 
for an exemption from the certification and importation 
requirements of this Section. Exemptions may be granted 
if each of the following conditions exist: 

(1) the land is used for tobacco production; 

(2) the land lies both in this state and a contiguous 
state; and 

(3) the land does not extend more than 30 miles from 
the North Carolina border. 

History Note: Authority G.S. 106-65.45; 106-65.46; 

106-284. 18; 106-420; 

Eff. April 1. 1985; 

Amended Eff. March 2, 1997; October 1, 1989. 



1570 



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11:20 



APPROVED RULES 



.1110 STANDARDS 

(a) All tobacco plants shall meet the requirements of all 
applicable state and federal plant pest quarantines. 

(b) All certified tobacco plants offered for sale or 
imported under permit into North Carolina shall meet the 
following requirements: 

(1) The soil in the beds in which the plants are to be 
grown shall be fiimigated under plastic cover with 
methyl bromide (minimum 60 percent in 
formulation at the rate indicated on the label for 
tobacco transplant beds). 

(2) All plants shall be field inspected a maximum of 
five days prior to their being offered for sale Ln 
North Carolina. 

(3) All plants shall be found apparently free from all 
injurious plant pests including but not limited to 
insects, diseases and nematodes. 

(4) Spooial e mphaoio ohall bo mad e to e nsur e that th e 
All plants are shall be apparently free of blue 
mold, target spot, black shank, Granville wilt, 
Fusarium wilt, virus diseases and root knot 
nematodes. 

(5) To aid in ensuring apparent freedom from 
injurious plant pests, the grower shall make full 
use of all compatible and approved pest control 
practices during the growing of the transplants. 

History Note: Authority G.S. 106-65.45; 106-65.46; 

106-284. 18; 106-420; 

Eff. April 1, 1985; 

Amended Eff. March 2, 1997; June 1, 1991. 

SUBCHAPTER 48B - FERTILIZER 

SECTION .0100 - FERTILIZER STANDARDS 

.0120 REFUSAL OF REGISTRATION 

Registration is refused on fertilizer products when the 
Commissioner finds that the product will not supply 
doficiont needs of a plant when used according to directions. 

History Note: Authority G.S. 106-673; 
Eff. January 1, 1985; 
Amended Eff. March 2. 1997. 



TTTLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 

CHAPTER 20 - VOCATIONAL REHABILITATION 

SUBCHAPTER 20B - PROCEDURE 

SECTION .0200 - CONTESTED CASES: 

ADMINISTRATIVE REVIEWS: APPEALS 

HEARINGS 



.0204 DIVISION ACTIONS EV RESPONSE TO 
REQUEST 

(a) Upon receipt of a request for an appeals hearing, the 
regional director shall immediately forward the original 
request to the Division's doput>' diroctor Chief of Operations 
for appointment of a hearing officer to conduct the appeals 
hearing. 

(b) If the individual has requested an administrative 
review Ln addition to an appeals hearing, the regional 
director shall: 

(1) make a decision to conduct the administrative 
review or appoint a designee to conduct the 
administrative review who: 

(A) has had no previous involvement in the 
issues currently in controversy; 

(B) can conduct the administrative review in an 
unbiased way; and 

(C) has a broad working knowledge of the 
Division's rules. Federal regulations 
governing the program, policioa — aad 
procoduroa and the State Plan for 
Vocational Rehabilitation Services or 
Independent Living Services (as 
appropriate); and (stato plan); and 

(2) proceed with, or direct the designee to proceed 
with an administrative review according to the 
provisions of Rules .0205, .0208, and .0209 of 
this Section. 

(c) The regional director shall send the applicant or client 
written acknowledgment of receipt of the request and inform 
the individual that additional information will be sent 
regarding the administrative review and/or appeals hearing 
and appeals hearing or onlv the appeals hearing. 

(d) The regional director shall provide the Client 
Assistance Program with a copy of the request and the 
response to the request. 

History Note: Authority G.S. 143-545 A; 150B-1; 34 

C.F.R. 361.48; 

Eff. February 1, 1976; 

Amended Eff. April L, 1997; September 1, 1989. 

.0205 SCHEDULING AND NOTICE OF 
ADMEVISTRATIVE REVIEW 

(a) If an administrative review is to be conducted, the 
regional director or designee shall: 

(1) set a date, time and place for the administrative 
review; 

(2) send written notification by certified mail to the 
applicant or client and the individual's parent, 
guardian or representative, as appropriate, of the 
date, time and place for the administrative review; 

(3) advise the applicant or client in the written notice 
that a hearing officer will be appointed by the 
d e put)' director Division to conduct a hearing if 
the matter is not resolved in the administrative 
review and that the applicant or client will also 



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January 15, 1997 



1571 



APPROVED RULES 



receive a written notice from the hearing officer 

regarding the formal appeals hearing which will 

be held after the administrative review; and 

(4) notify the Director of the Client Assistance 

Program (CAP) and other individuals to be 

involved in the administrative review of the 

request and the date, time and place for the 

administrative review. This notification may be 

by phone or in writing. 

(b) Prior to the administrative review, the regional 

director or designee shall review all previous decisions and 

casework related to the applicant or client and seek whatever 

consultation, explanation, documentation, or other 

information that is deemed necessary, utilizing the division's 

CAP Director as appropriate. 

History Note: Authority G.S. 143-545 A; 150B-1: 34 

C.F.R. 361.48: 

Eff. February 1, 1976; 

Amended Eff. April ]_, 1997; September 1, 1989. 

.0218 DISQUALIFICATION OF HEARING 
OFnCER 

(a) If at any time the hearing officer believes he or she 
cannot conduct the appeals hearing Ln a fair and impartial 
manner, the hearing officer shall submit to the doput)' 
dir e ctor Division staff member who appointed the hearing 
officer a written statement indicating why he or she should 
be disqualified from the case. Submission of the statement 
shall disqualify the hearing officer. The doput)' director 
Division staff member who appointed the hearing officer 
shall inform all parties of the disqualification and the 
reasons therefor. 

(b) If a party to the case believes that the hearing officer 
of record cannot conduct the hearing in a fair and impartial 
manner, the party shall submit an affidavit to the hearing 
officer for consideration. The hearing officer shall 
determine the matter as part of the record in the case, cos e , 
and this dotormination shall b e subj e ct to judicial r e vi e w at 
the conclusion of the proceeding. 

(c) When a hearing officer is disqualified or it is 
impracticable for the hearing officer to proceed with the 
hearing, another hearing officer shall be assigned by the 
deputy director Division staff member who appointed the 
hearing officer to proceed with the case. However, if it is 
shown to the doput)' dirootor Division staff member who 
appointed the hearing officer or the newly assigned hearing 
officer that substantial prejudice to any party will result 
from continuation of the case then either: 

(1) the case shall be dismissed without prejudice; or 

(2) all or part of the case shall be repeated as 
necessary to substantially prevent or substantially 
remove the prejudice. The dcput)' — director 
Division staff member who appointed the hearing 
officer shall promptly inform all parties of the 
decision to assign a new hearing officer, that the 
case has been dismissed without prejudice, or that 



all or part of the case is to be repeated. Such 
notification shall Include a statement of the 
reasons for the decision. 

History Note: Authority G.S. 143-545A; 150B-1; 34 

C.F.R. 361.48; 

Eff. September 1, 1989; 

Amended Eff. April 1. 1997. 

.QUI FAILURE TO APPEAR 

(a) If the applicant or client falls to appear at the hearing 
and does not have a representative present, the hearing 
officer shall cancel the hearing. 

(b) The appUcant or client may submit a written request 
for rescheduling of the hearing to the d e put)' dir e ctor. 
Division staff member who appointed the hearing officer. 
The request shall provide an explanation of the Individual's 
failure to appear at the hearing or to have a representative 
present. The d e puty' dir e ctor Division staff member who 
appointed the hearing officer may instruct the hearing 
officer to reschedule the hearing upon a showing of good 
cause by the applicant or cUent. "Good cause" may include 
death or Incapacitating illness of the party or an immediate 
family member of the party, the party's representative, or 
the party's attorney; Involvement in an accident that 
prevents timely notification of the hearing officer; or failure 
to receive proper notice of the hearing. 

History Note: Authority G.S. 143-545A; 150B-1; 34 

C.F.R. 361.48; 

Eff. September 1, 1989; 

Amended Elf. April 1. 1997. 



SUBCHAPTER 20D - STANDARDS FOR 
FACDLITIES AND PROVIDERS 

SECTION .0200 - STANDARDS FOR FAdLITIES 

.0204 coMAnjNrrv rehabilitation 

PROGRAM STANDARDS 

fa^ — Th e Division of Vocational Pt e habilitation S e r . 'io e a 
pr e s e ntly utUlz e s thos e oommunlt)' sh e lt e r e d workshops and 
rehabilitation facilities which have been developed through 
cooperative worldng relationships with the Division and 
hav e d e monstrated on ability' through agency reviews to 
provide a compr e hensive range of quality' r e habilitation 
services. — In addition to the aforementioned conditions of 

developing asd maintaining cooperative working 

relationships, th e Division will require that by Januar)' 1, 
19 8 2, all communit)' sh e lt e r e d workshops and r e habilitation 
facilities providing scr i 'ioea to clients of the Division to be 
accredited — by — tbe — Commiss ieR — efi — Accreditation — ef 
R e habilitation Facilities (Ci^RF). 

fb^ — Community' sh e lt e r e d workshops and rehabilitation 
facilities established after January' 1, 1980 for the purpvoso 
of providing ser i 'icos to clients of the Division must apply 



1572 



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January 15, 1997 



11:20 



APPROVED RULES 



for and rocoivo aooroditation from the Commisgion on 
Aooroditation of R e habilitation Faoilitieo (CARF) no lat e r 

than th e end of th e — fourth y e ar of operation. ?be 

oatabliohmont dato for purpoooa of thio Rule will bo 
ofltabUohod in svriting to the community' gholtorod workshop 
or rehabilitation faoilit)^ by th e Dir e ctor of the Divioion of 
Vocational Rehabilitation Sorviooo. 

(e) — As of Januor)' 1, 19 8 2, except for those oxeoptiona 
noted in .0207(b) of thio Rule, a eommunit)' workshop or 
rehabilitation facLUt)' must b e accredited by the Commiooion 
on Aooroditation of R e habilitation Facilities in order to 
provide scr i 'ioos to clients of the Division. 

(a) The Division shall utilize only those community 
rehabilitation programs that are accredited according to the 
provisions of this Rule. 

(h) The following definitions app ly to the terms as used 
in this Rule: 

(1) "Fee for service funding" means an hourly rate. 
fee for service method of funding in which an 
hourly cost of providing the service is identified 
and the program is reimbursed based on the 
number of hours of actual services provided. 

(2) "Fixed-level annual reimbursement process" 
means a funding method in which the Division 
reimburses the program for expenditures monthly 
at a rate of one-twelfth of a negotiated annual 
budget. 

(c) Community rehabilitation programs that apply for a 
fixed-level annual reimbursement process shall be accredited 
by the Rehabilitation Accreditation Commission (CARF^. 
the Accreditation Council, or the International Center for 
Clubhouse Development. 

(d) Community rehabilitation programs providing 
evaluation, adjustment, or su pported employment services 
which are not accredited by any of the accreditation bodies 
specified in Paragraph (c) of this Rule may apply for fee for 
service funding if they are certified under the process 
established by the Division of Mental Health. 
Developmental Disabilities, and Substance Abuse Services. 

(e) Any program accredited by one of the specified 
accrediting bodies or certified under the process established 
bv the Division of Mental Health. Developmental 
Disabilities, and Substance Abuse Services shall submit to 
the Division a copy of its accreditation or certification report 
within 30 days after the program receives its report each 
tune it is surveyed. The program shall notify the Division 
of any action taken that affects its accreditation or 
certification status, either temporarily or permanently. The 
Division may conduct aimual validation surveys to assure 
compliance. 

History Note: Authority G.S. 143-545 A; 34 C.F.R. 

361.45; 

Eff. February 1, 1976; 

Amended Ejf. Ml ]_, 1997; October 20, 1979. 

CHAPTER 41 - CHILDREN'S SERVICES 



SUBCHAPTER 41P - CHILD-PLACING AGENCIES: 
ADOPTION 

SECTION .0100 - APPLICABBLFTY 

.0102 ORGANIZATION AND ADMINISTRATION 

(a) Persons licensed or seeking license to provide 
adoption services shall comply with administrative and 
organizational requirements of 10 NCAC 41N, Chapter 48 
of the General Statutes of North Carolina, and G.S. 
110-57.1 et seq. 

(b) — Porsona liconaod or aooklng liconso to provide 
adoption aorvicoa ahnll moot staffing rogulationa sot forth In 
10 NCAC 110, exc e pt that tho oxooutive dir e ctor e mployed 
aft e r th e e ff e ctiv e dat e of thoao r e gulationo ohall havo a 
mootora d e groo in aocial work or rolatcd aroa of otudy from 
an accroditod aohool, and at looat four yoara of oxpcrionco 
In a ohild plac e ment agency, at loaot two of which must 
havo boon In admlniotration. 

(b) (e) The caseload of social workers providing 
adoption services must shall be limited to allow for the 
required contacts with biological parents and families, 
children, adoptive families and collateral parties. A case is 
defined as any of the following: 

(1) an expectant parent or parents receiving problem 
pregnancy services from the agency prior to the 
child's birth and r e l e as e relinquishment for 
adoption; 

(2) biological parents receiving services from the 
agency following r e leaoo relinquishment of the 
child to the agency for adoption; 

(3) a child or sibling group to be placed together 
referred to the agency for adoptive placement 
from another licensed or authorized child-placing 
agency and for whom an adoption home is being 
sought and considered; 

(4) a child, or siblings, together with biological 
parents for as long as the legal parent and child 
relationship exists; 

(5) a child, or siblings for whom the goals for 
adoption are the same, following rcloaso 
relinquishment for adoption; 

(6) a single person or married couple applying for or 
licensed to provide foster care for children 
released for adoption to the agency; 

(7) a single person or married couple applying for or 
approved for adoptive placement of a child or 
children; 

(8) a child or sibling group and adoptive parents after 
placement occurs; and 

(9) biological parents, or adoptive parents and 
adopted child, or adult adoptee following entry of 
the final ordor for adoption, decree of adoption. 



History Note: Authority 
131D-10.5; 143B-153; 
Eff. February 1, 1986; 



G.S. 48-3-204; 131D-10.3; 



11:20 



NORTH CAROLINA REGISTER 



January 15, 1997 



1573 



APPROVED RULES 



Amended Eff. June 1, 1990; 

Temporary Amendment Eff. July 1, 1996; 

Recodified from 10 NCAC 41 P .0002 Eff. December 6, 

1996; 

Amended Eff. April 1. 1997. 

.0105 PLACEMENT SERVICES TO FAMILIES 
AND CHILDREN 

(a) Persons licensed or seeking license to provide 
adoption services shall comply with regulations set forth in 
10 NCAC 410 .0202 -_ .0205. 

(b) Additionally, those persons providing as part of their 
adoption services program problem pregnancy services 
shall: 

(1) respect the client's prerogative for choice of 
alternatives to the problem pregnancy; 

(2) assure the clients of confidential handling of and 
restricted access to the case record; 

(3) offer alternate plans of care for the child and give 
supportive services or make appropriate referrals 
to other resources, should the client elect to keep 
the child in the family instead of releasing the 
child for adoption; and 

(4) assist the client in obtaining maternity home care 
during her pregnancy, if desired and appropriate. 

(c) The agency shall help those parents reaching the 
decision to r e loas e relinquish their children to the agency for 
adoptive placement to have a thorough understanding of the 
meaning of adoption and its potential impact on the child's 
and their lives. The agency may notify the parent when a 
placement has occurred and when an adoption decree is 
issued. 

(d) At the point a parent executes the written rolcaso, 
surr e nd e r, and g e neral oono e nt to adopt, relinquishment for 
adoption, the agency shall ascertain that the parent has a 
thorough understanding of the effects of this action and of 
the time period allowed for revocation of the rolooso, 
surr e nd e r, and gen e ral oonoont to adoption, relinquishment 
for adoption. When the agency has received the parent's 
release, — surrender, — and — general — consent — te — adoption, 
relinquishment for adoption, the executive director or 
administrator mttst shall indicate acceptance of the par e nt's 
r e l e as e relinquishment document by signing the appropriate 
form for this purpose. A copy of the parent' s reloaao, 
surrender, and general consent to adoption relinquishment 
for adoption and of the agency's acceptance must shall be 
given to the parent. The Director or Administrator shall 
designate the agency's supervisor of adoptions or the 
adoptions social worker handling the case to accept the 
par e nt's r e l e as e , surr e nd e r, and g e n e ral oons e nt to adoption 
relinquishment for adoption in the event the Director or 
Administrator will not be available to perform this task in 
person. An agency shall acquire legal and physical custody 
of a minor for purposes of adoptive placement only by 
means of a relinquishment pursuant to G.S. 48, Part 7 of 
Article 1, or by terminating the rights and duties of a parent 
or guardian of the minor. 



(e) In addition to providing services to the child in 
compliance with 10 NCAC 410, agencies providing 
adoption services shall involve a child in the selection of an 
adoptive home and in preparation for adoptive placement, as 
is appropriate to the age of the child. 

History Note: Authority G.S. 48-3-204; 13 ID- 10. 5; 143B- 

153; 

Eff. February 1. 1986; 

Amended Eff. June 1, 1990; 

Temporary Amendment Eff. July 1 , 1996; 

Recodified from 10 NCAC 41 P .0005 Eff. December 6, 

1996; 

Amended Eff. April 1. 1997. 

.0113 FEES 

(a) County departments of social services may charge 
reasonable fees for the preparation of a preplacement 
assessment or report to the court in accordance with G.S. 
48-3-304(a) and G.S. 48-2-504(a). No fee shall be charged 
except pursuant to a written fee agreement which must be 
signed by the parties to be charged prior to the beginning of 
the preparation. The fee agreement shall not be based on 
the outcome of the report or the adoption proceeding. 

(h) Maximum fees for the preparation of the reports shall 
not exceed: 

(1) One thousand five hundred dollars ($1500) for the 
preplacement assessment and report to the court; 
and 
£2} Two hundred dollars ($200.00) for report to the 
court only. 

(c) No fee shall be charged when one or more of the 
following circumstances exists: 

(1) The head of household for the prospective 
adoptive family is an AFDC or SSI recipient; 

(2) The family unit's income is below the State's 
Established Income (or 150% of the 1992 Federal 
Poverty Level); or 

(3) The family has identified an adoptee who is in the 
custody and placement responsibility of the 
Department of Social Services, and provided that 
the adoptive family continues to pursue the 
adoption of the identified child. 

(d) Fees for the above reports may be reduced or waived 
if it can be documented in the case record that the 
prospective adoptive family cannot pay the re quired fee. 
Unless reduced or waived, the entire fee shall be paid in 
accordance with local policy. 

History Note: Authority G.S. 48-2-404; 48-3-304; 

Temporary Adoption Eff. July 1, 1996; 

Recodified from 10 NCAC 41 P .0013 Eff. December 6, 

1996; 

Eff. April 1. 1997. 



CHAPTER 42 



INDIVIDUAL AND FAMILY 
SUPPORT 



1574 



NORTH CAROLINA REGISTER 



January 15, 1997 



11:20 



APPROVED RULES 



SUBCHAPTER 42A - ADULT PLACEMENT 
SERVICES 

SECTION .0700 - ADULT CARE HOME CASE 
MANAGEMENT 

.0703 DESIGNATED AGENCIES 

Adult Care Home Case Management may be provided by 
an Area Mental Health Agency and a County E)epartment of 
Social Services. 

History Note: Authority G.S. 131D-4.3; 143B-153; 
Temporary Adoption Eff. January 1, 1996; 
Eff. April 1. 1997. 

SUBCHAPTER 42C - LICENSING OF FAMILY 
CARE HOMES 

SECTION .2000 - PERSONNEL 

.2011 STAFF COMPETENCY AND TRAINING 

(a) The facility shall assure that personal care staff and 
those who directly supervise them in facilities without heavy 
care residents successfully complete a 20-hour training 
program, including competency evaluation, a pproved by the 
Department according to Rule .2012 of this Section. For 
the purposes of this Subchapter, heavy care residents are 
those for whom the facility is providing personal care tasks 
listed in Paragraph {i} of this Rule. Directly supervise 
means being on duty in the facility to oversee or direct the 
performance of staff duties. 

(b) The facility shall assure that staff who perform or 
directly supervise staff who perform personal care tasks 
listed in Paragraph (i} of this Rule in facilities with heavy 
care residents successfully complete a 75-hour training 
program, including competency evaluation, approved by the 
Department according to Rule .2012 of this Section and 
comparable to the State-approved Nurse Aide I training. 

(c) The facility shall assure that training specified in 
Paragraphs (a) and £b) of this Rule is successfully completed 
within one of the following time frames: 

(1) six months after implementation of a statewide 
training program for staff hired before such 
implementation: or 

£2} six months after hiring for staff hired after 
implementation of a statewide training program 
established by the Department of Community 
Colleges. 

(d) The Department shall have the authority to extend the 
six-month time frame specified in Paragraph (c) of this Rule 
ug to six additional months for a maximum allowance of 12 
months for completion of training upon submittal of 
documentation to the Department by the facility showing 
good cause for not meeting the six-month time frame. 

(e) Exemptions from the training requirements of this 
Rule are as follows: 

(U The Department shall exempt staff from the 20- 



hour training requirement upon successful 
completion of a competency evaluation approved 
by the Department according to Rule .2012 of this 
Section if staff have been employed to perform or 
directly supervise personal care tasks listed in 
Paragraph Qa) of this Rule in a comparable long- 
term care setting for a total of at least 12 months 
during the three years prior to January j,^ 1996. 
or the date they are hired, whichever is later. 

(2) The Department shall exempt staff from the 75- 
hour training requirement upon successful 
completion of a 15-hour refresher training and 
competency evaluation program or a competency 
evaluation program approved by the Department 
according to Rule .2012 of this Section if staff 
have been employed to perform or directly 
supervise personal care tasks listed in Paragraph 
(i) of this Rule in a comparable long-term care 
setting for a total of at least 12 months during the 
three years prior to January \^ 1996, or the date 
they are hired, whichever is later. 

£3} The Department shall exempt staff from the 20 
and 75 -hour training and competency evaluation 
who are licensed health professionals or listed on 
the N.C. Nurse Aide Registry. 

(f) The facility shall maintain documentation of the 
training and competency evaluations of staff required by the 
rules of this Subchapter. The documentation shall be Filed 
in an orderly manner and made available for review by 
representatives of the Department. 

(g) The facility shall assure that staff who perform or 
directly supervise staff who perform personal care tasks 
Usted in Paragraphs fh) and (i) of this Rule receive on-the- 
job training and supervision as necessary for the 
performance of individual job assignments prior to meeting 
the training and competency requirements of this Rule. 

(Ti) For the purposes of this Rule, personal care tasks 
which require a 20-hour training program include, but are 
not limited to the following: 

(1) assist residents with toileting and maintaining 

bowel and bladder continence: 
(2} assist residents with mobility and transferring: 

(3) provide care for normal, unbroken skin; 

(4) assist with personal hygiene to include mouth 
care, hair and scalp grooming, care of fingernails, 
and bathing in shower, tub, bed basin: 

(5) trim hair; 

£6} shave resident: 

£7} provide basic first aid; 

(8) assist residents with dressing; 

(9) assist with feeding residents with special 
conditions but no swallowing difficulties; 

(10) assist and encourage physical activity: 

(1 1) take and record temperature, pulse, respiration, 
routine height and weight; 

(12) trim toenails for residents without diabetes or 
peripheral vascular disease: 



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NORTH CAROLINA REGISTER 



January 15, 1997 



1575 



APPROVED RULES 



(13) 
(14) 
(15) 
(16) 
(17) 



(18) 



(19) 



m 

01 
(4} 
(5) 
(61 

m 
m 



perineal care; 
apply condom catheters: 
turn and position; 
collect urine or fecal specimens; 
take and record blood pressure if a registered 
nurse has determined and documented staff to be 
competent to perform this task; 
apply and remove or assist with applying and 
removing prosthetic devices for stable residents if 
a registered nurse, licensed physical therapist or 
licensed occupational therapist has determined and 
documented staff to be competent to perform the 
task; and 

apply or assist with applying ace bandages. TED's 
and binders for stable residents if a registered 
nurse has determined and documented staff to be 
competent to perform the task. 
(i) For the purposes of this Rule, personal care tasks 
which require a 7 5 -hour training program are as follows: 

(1) assist with feeding residents with swallowing 
difficulty; 

assist with gait training using assistive devices; 
assist with or perform range of motion exercises; 
empty and record drainage of catheter bag; 
administer enemas; 

bowel and bladder retraining to regain continence; 
test urine or fecal specimens; 
use of physical or mechanical devices attached to 
or adjacent to the resident which restrict 
movement or access to one's own body used to 
restrict movement or enable or enhance functional 
abilities; 

(9) non-sterile dressing procedures; 

(10) force and restrict fluids; 

(11) apply prescribed heat therapy; 

(12) care for non-infected pressure ulcers; and 

(13) vaginal douches. 

History Note: Authority G.S. 131D-2; 131D-4.3; 143B- 

153; 

Temporary Adoption Eff. January 1, 1996; 

Eif. May 1. 1997. 

.2012 TRAINING PROGRAM AND COMPETENCY 
EVALUATION CONTENT AND APPROVAL 

(a) The 20-hour training specified in Rule .201 1 of this 
Section shall consist of at least 12 hours of classroom 
instruction, and the remaining hours shall be supervised 
practical experience. Competency evaluation shall be 
conducted in each of the following areas: 

(1) personal care skills; 

(2) cognitive, behavioral and social care, including 
mental disabilities; and 

(3) residents' rights as established by G.S. 131D-21. 

(b) The 75-hour training specified in Rule .201 1 of this 
Section shall consist of at least 30 hours of classroom 
instruction and at least 30 hours of supervised practical 



experience. Competency evaluation shall be conducted in 
each of the following areas: 

(1) observation and documentation; 

(2) basic nursing skills, including special health- 
related tasks; 

(3) personal care skills; 

(4) cognitive, behavioral and social care, including 
mental disabilities: 

(5) basic restorative services: and 

(6) residents' rights as established by G.S. 131D-21. 
(c) The following requirements shall apply to the 20 and 

75-hour training specified in Rule .2011 of this Section: 
(1) The training shall be conducted by an individual 
or a team of instructors with a coordinator. The 
supervisor of practical experience and instructor 
of content having to do with personal care tasks 
or basic nursing skills shall be a registered nurse 
with a current, unencumbered license in North 
Carolina and with two years of clinical or direct 
patient care experience working in a health care, 
home care or long term care setting. The 
program coordinator and any instructor of content 
that does not include instruction on personal care 
tasks or basic nursing skills shall be a registered 
nurse, licensed practical nurse, physician, 
gerontologist, social worker, psychologist, mental 
health professional or other health professional 
with two years of work experience in adult 
education or in a long term care setting; or a 
four-year college graduate with four years of 
experience working in the field of aging or long 
term care for adults. 

A trainee participating in die classroom instruction 
and supervised practical experience in the setting 
of the trainee's employment shall not be 
considered on duty and counted in the staff-to- 
resident ratio. 

Training shall not be offered without a qualified 
instructor on site. 

Classroom instruction shall include the 
opportunity for demonstration and practice of 
skills. 

Supervised practical experience shall be conducted 
in a licensed adult care home or in a facility or 
laboratory setting comparable to the work setting 
in which the trainee will be performing or 
supervising the personal care skills. 
All skills shall be performed on humans except 
for intimate care skills, such as perineal and 
catheter care, which may be conducted on a 
mannequin. 
There shall be no more than 10 trainees for each 



(3} 
I4i 

£5} 
£6} 

m 

£8} 



instructor for the supervised practical experience. 
A written examination prepared by the instructor 
shall be used to evaluate the trainee's knowledge 
of the content portion of the classroom training. 
The trainee shall score at least 70 on the written 



1576 



NORTH CAROLINA REGISTER 



January 15, 1997 



11:20 



APPROVED RULES 



examinarion. Oral testing shall be provided in the 
place of a written examination for trainees lacking 
reading or writing ability. 
(9) The trainee shall satisfactorily perform all of the 
personal care skills specified in Rule . 20 1 1 (h) of 
this Section for the 20-hour training and in Rule 
■ 201 Uh) and (i} of this Section for the 75-hour 
training. The instructor shall use a skills 
performance checklist for this competency 
evaluation that includes, at least, all those skills 
specified in Rule .2011(11) of this Section for the 
20-hour training and all those skills specified in 
Rule .2011(h) and (i) of this Section for the 75- 
hour training. Satisfactory performance of the 
personal care skills means that the trainee 
performed the skill unassisted; explained the 
procedure to the resident; explained to the 
instructor, prior to or after the procedure, what 
was being done and why it was being done in that 
way; and incorporated the principles of good body 
mechanics, medical asepsis and resident safety 
and privacy. 
(10) The training provider shall issue to all trainees 
who successfully complete the training a 
certificate, signed by the registered nurse who 
conducted the skills competency evaluation, 
stating that the trainee successfully completed the 
20 or 75-hour training. The trainee's name shall 
be on the certificate. The training provider shall 
maintain copies of the certificates and the skills 
evaluation checklists for a minimum of five years, 
(d) An individual, agency or organization seeking to 
provide the 20 or 75-hour training specified in Rule .2011 
of this Section shall submit the following information to the 
Group Care Licensure Section of the Division of Facility 
Services: 

(1) an application which is available at no charge by 
contacting the Division of Facility Services. 
Group Care Licensure Section. Post Office Box 
29530. Raleigh. North Carolina 27626-0530; 

(2) a statement of training program philosophy; 

(3) a statement of training program objectives for 
each content area; 

(4) a curriculum outline with specific hours for each 
content area; 

(5) teaching methodologies, a list of texts or other 
instructional materials and a copy of the written 
exam or testing instrument with an established 
passing grade; 

(6) a Ust of equipment and supplies to be used in the 
training; 

(7) procedures or steps to be completed in the 
performance of the personal care and basic 
nursing skills; 

(8) sites for classroom and supervised practical 
experience, including the specific settings or 
rooms within each site; 



(9) resumes of all instructors and the program 
coordinator, including current RN certificate 
numbers as a pplicable; 

(10) policy statements that address the role of the 
registered nurse, instructor to trainee ratio for the 
supervised practical experience, retention of 
trainee records and attendance requirements; 

(11) a skills performance checklist as specified in 
Subparagraph (c)(9) of this Rule; and 

(12) a certificate of successful completion of the 
training program. 

(e) The following requirements shall apply to the 
competency evaluation for purposes of exempting adult care 
home staff from the 20 or 75-hour training as required in 
Rule .2011 of this Section: 

(1) The competency evaluation for purposes of 
exempting adult care home staff from the 20 and 
75-hour training shall consist of the satisfactory 
performance of personal care skills according to 
the requirement in Subparagraph (c)(9) of this 
Rule. 

(2) Any person who conducts the competency 
evaluation for exemption from the 20 or 75 -hour 
training shall be a registered nurse with the same 
qualifications specified in Subparagraph (c)(1) of 
this Rule. 

(3) The competency evaluation shall be conducted in 
a licensed adult care home or in a facility or 
laboratory setting comparable to the work setting 
in which the participant will be performing or 
supervising the personal care skills. 

(4) All skills being evlauated shall be performed on 
humans except for intimate care skills such as 
perineal and catheter care, which may be 
performed on a mannequin. 

(5) The person being competency evaluated in the 
setting of the person's employment shall not be 
considered on duty and counted in the staff-to- 
resident ratio. 

(6) An individual, agency or organization seeking to 
provide the competency evaluation for training 
exemption purposes shall complete an application 
available at no charge from the Division of 
Facility Services. Group Care Licensure Section, 
Post Office Box 29530. Raleigh. North Carolina 
27626-0530 and submit it to the Group Care 
Licensure Section along with the following 
information: 

(A) resume of the person performing the 
competency evaluation, including the 
current RN certificate number; 

(B) a certificate, with the signature of the 
evaluating registered nurse and the 
participant's name, to be issued to the 
person successfully completing the 
competency evaluation; 

(C) procedures or steps to be completed in the 



11:20 



NORTH CAROLINA REGISTER 



January 15, 1997 



1577 



APPROVED RULES 



performance of the personal care and basic 
nursing skills; 

(D) a skills performance checklist as specified 
in Subparagraph (c)(9) of this Rule; 

(E) a site for the competency evaluation; and 

(F) a list of equipment, materials and supplies. 

History Note: Authority G.S. 131D-2; 131D-4.3; 143B- 

153; 

Temporary Adoption Eff. January 1, 1996; 

Eff. May 1, 1997. 

SUBCHAPTER 42D - LICENSING OF HOMES FOR 
THE AGED AND INFIRM 

SECTION .1400 - PERSONNEL 

.1410 STAFF COMPETENCY AND TRAINING 

(a) The facility shall assure that staff who perform or 
directly supervise staff who perform personal care tasks 
listed in Paragraph (h) of this Rule successfully complete a 
40-hour training program, including competency evaluation, 
approved by the Department according to Rule .141 1 of this 
Section. Directly supervise means being on duty in the 
facility to oversee or direct the performance of staff duties. 

(b) The facility shall assure that staff who perform or 
directly supervise staff who perform personal care tasks 
listed Ln Paragraph (i) of this Rule successfully complete a 
75-hour training program, including competency evaluation. 
a pproved by the Department according to Rule .1411 of this 
Section and comparable to the State-approved Nurse Aide I 
training. 

(c) The facility shall assure that training specified in 
Paragraphs (a) and (b) of this Rule is successfully completed 
within one of the following time frames: 

(1) six months after implementation of a statewide 
training program for staff hired before such 
implementation; or 

£2) six months after hiring for staff hired after 
implementation of a statewide training program 
established by the Department of Community 
Colleges. 

(d) The Department shall have the authority to extend the 
six-month time frame specified m Paragraph (c) of this Rule 
UE to six additional months for a maximum allowance of 12 
months for completion of training upon submittal of 
documentation to the Department by the facility showing 
good cause for not meeting the six-month time frame. 

(e) Exemptions from the training requirements of this 
Rule are as follows: 

(1) The Department shall exempt staff from the 40- 
hour training requirement upon successful 
completion of a competency evaluation approved 
by the Department according to Rule .1411 of this 
Section if staff have been employed to perform or 
directly supervise personal care tasks listed in 
Paragraph (h) of this Rule in a comparable long- 



term care setting for a total of at least 12 months 
during the three years prior to January \^ 1996. 
or the date they are hired, whichever is later. 

(2) The Department shall exempt staff from the 75- 
hour training requirement upon successful 
completion of a 15-hour refresher training and 
competency evaluation program or a competency 
evaluation program approved by the Department 
according to Rule .1411 of this Section if staff 
have been employed to perform or directly 
supervise personal care tasks listed in Paragraph 
(i) of this Rule in a comparable long-term care 
setting for a total of at least 12 months during the 
three years prior to January \^ 1996. or the date 
they are hired, whichever is later. 

(3) The Department shall exempt staff from the 40 
and 75-hour training and competency evaluation 
who are Ucensed health professionals or listed on 
the N.C. Nurse Aide Registry. 

(0 The facility shall maintain documentation of the 
training and competency evaluations of staff required by the 
rules of this Subchapter. The documentation shall be filed 
in an orderly maimer and made available for review by 
representatives of the Department. 

(g) TTie facility shall assure that staff who perform or 
directly supervise staff who perform personal care tasks 
Usted in Paragraphs (h) and (i) of this Rule receive on-the- 
job training and supervision as necessary for the 
performance of individual job assignments prior to meeting 
the training and competency requirements of this Rule. 

(h) For the purposes of this Rule, personal care tasks 
which require a 40-hour training program include, but are 
not limited to the following: 

(1) assist residents with toileting and maintaining 
bowel and bladder continence; 

(2) assist residents with mobility and transferring; 

(3) provide care for normal, unbroken skin; 

(4) assist with personal hygiene to include mouth 
care, hair and scalp grooming, care of fingernails, 
and bathing in shower, tub, bed basin; 

(5) trim hair; 

(6) shave resident; 

(7) provide basic first aid; 

(8) assist residents with dressing; 

(9) assist with feeding residents with special 
conditions but no swallowing difficulties; 

(10) assist and encourage physical activity; 

(1 1) take and record temperature, pulse, respiration, 
routine height and weight; 



(12) trim toenails for residents without diabetes or 
peripheral vascular disease; 

(13) perineal care; 

(14) apply condom catheters; 

(15) turn and position: 

(16) collect urine or fecal specimens; 

(17) take and record blood pressure if a registered 
nurse has determined and documented staff to be 



1578 



NORTH CAROLINA REGISTER 



January 15, 1997 



11:20 



APPROVED RULES 



competent to perform this task; 

(18) apply and remove or assist with a pplying and 
removing prosthetic devices for stable residents [f 
a registered nurse, licensed physical therapist or 
licensed occupational therapist has determined and 
documented staff to be competent to perform the 
task; and 

(19) apply or assist with applying ace bandages, TED's 
and binders for stable residents if a registered 
nurse has determined and documented staff to be 
competent to perform the task. 

(i} For the purposes of this Rule, personal care tasks 
which require a 75-hour training program are as follows: 

(1) assist with feeding residents with swallowing 
difficulty; 

(2) assist with gait training using assistive devices; 

(3) assist with or perform range of motion exercises; 

(4) empty and record drainage of catheter bag; 

(5) administer enemas; 

(6) bowel and bladder retraining to regain continence; 

(7) test urine or fecal specimens; 

(8) use of physical or mechanical devices attached to 
or adjacent to the resident which restrict 
movement or access to one's own body used to 
restrict movement or enable or enhance functional 
abilities; 

(9) non-sterile dressing procedures; 

(10) force and restrict fluids; 

(11) a pply prescribed heat therapy; 

(12) care for non-infected pressure ulcers: and 

(13) vaginal douches. 

History Note: Authority G.S. 131D-2; 131D-4.3; 143B- 

153; 

Temporary Adoption Eff. January 1, 1996; 

Eff. May 1. 1997. 

.1411 TRAINING PROGRAM AND COMPETENCY 
EVALUATION CONTENT AND APPROVAL 

(a) The 40-hour training specified in Rule .1410 of this 
Section shall consist of at least 20 hours of classroom 
instruction, and the remaining hours shall be supervised 
practical experience. Competency evaluation shall be 
conducted in each of the following areas: 

(1) personal care skills; 

(2) cognitive, behavioral and social care, including 
mental disabilities; and 

(3) residents' rights as established by G.S. 131D-21. 

(b) The 75-hour training specified in Rule .1410 of this 
Section shall consist of at least 30 hours of classroom 
instruction and at least 30 hours of supervised practical 
experience. Competency evaluation shall be conducted in 
each of the following areas: 

(1) observation and documentation; 

(2) basic nursing skills, including special health- 
related tasks; 
personal care skills; 



m 



(4) cognitive, behavioral and social care, including 
mental disabilities; 

(5) basic restorative services; and 

(6) residents' rights as established by G.S. 131D-21. 
(c) The following requirements shall apply to the 40 and 

75-hour training specified in Rule .1410 of this Section: 

(1) The training shall be conducted by an individual 
or a team of instructors with a coordinator. The 
supervisor of practical experience and instructor 
of content having to do with personal care tasks 
or basic nursing skills shall be a registered nurse 
with a current, unencumbered license in North 
Carolina and with two years of clinical or direct 
patient care experience working in a health care, 
home care or long term care setting. The 
program coordinator and any instructor of content 
that does not include instruction on personal care 
tasks or basic nursing skills shall be a registered 
nurse, licensed practical nurse, physician, 
gerontologist, social worker, psychologist, mental 
health professional or other health professional 
with two years of work experience in adult 
education or in a long term care setting; or a 
four-year college graduate with four years of 
experience working in the field of aging or long 
term care for adults. 

(2) A trainee participating in the classroom instruction 
and supervised practical experience in the setting 
of the trainee's employment shall not be 
considered on duty and counted in the staff-to- 
resident ratio. 

(3) Training shall not be offered without a qualified 
instructor on site. 

(4) Classroom instruction shall include the 
opportunity for demonstration and practice of 
skills. 

(5) Supervised practical experience shall be conducted 
in a licensed adult care home or in a facility or 
laboratory setting comparable to the work setting 
in which the trainee will be performing or 
supervising the personal care skills. 

(6) All skills shall be performed on humans except 
for intimate care skills, such as perineal and 
catheter care, which may be conducted on a 
mannequin. 

(7) There shall be no more than 10 trainees for each 
instructor for the supervised practical experience. 

(8) A written examination prepared by the instructor 
shall be used to evaluate the trainee's knowledge 
of the content portion of the classroom training. 
The trainee shall score at least 70 on the written 
examination. Oral testing shall be provided in the 
place of a written examination for trainees lacking 
reading or writing ability. 

(9) The trainee shall satisfactorily perform all of the 
personal care skills specified in Rule . HlOfh) of 
this Section for the 40-hour training and in Rule 



11:20 



NORTH CAROLINA REGISTER 



January 15, 1997 



1579 



APPROVED RULES 



.1410(h) and (i) of this Section for the 75-hour 
training. The instructor shall use a skills 
performance checklist for this competency 
evaluation that includes, at least, all those skills 
specified in Rule . HlOCh) of this Section for the 
40-hour training and all those skills specified in 
Rule .1410(h) and ii) of this Section for the 75- 
hour training. Satisfactory performance of the 
personal care skills means that the trainee 
performed the skill unassisted; explained the 
procedure to the resident; explained to the 
instructor, prior to or after the procedure, what 
was being done and why it was being done in that 
way; and incorporated the principles of good body 
mechanics, medical asepsis and resident safety 
and privacy. 
(10) The training provider shall issue to all trainees 
who successfully complete the training a 
certificate, signed by the registered nurse who 
conducted the skills competency evaluation, 
stating that the trainee successfully completed the 
40 or 75-hour training. The trainee's name shall 
be on the certificate. The training provider shall 
maintain copies of the certificates and the skills 
evaluation checklists for a minimum of five years, 
(d) An individual, agency or organization seeking to 
provide the 40 or 75-hour training specified in Rule .1410 
of this Section shall submit the following information to the 
Group Care Licensure Section of the Division of Facility 
Services: 

(1) an application which is available at no charge by 
contacting the Division of Facility Services. 
Group Care Licensure Section. Post Office Box 
29530. Raleigh. North Carolina 27626-0530; 

(2) a statement of training program philosophy; 

£3} a statement of training program objectives for 
each content area; 

(4) a curriculum outline with specific hours for each 
content area; 

(5) teaching methodologies, a list of texts or other 
instructional materials and a copy of the written 
exam or testing instrument with an established 
passing grade; 

(6) a list of equipment and supplies to be used in the 
training; 

(7) procedures or steps to be completed in the 
performance of the personal care and basic 
nursing skills; 

(8) sites for classroom and supervised practical 
experience, including the specific settings or 
rooms within each site; 

resumes of all instructors and the program 
coordinator, including current RN certificate 
numbers as applicable; 

policy statements that address the role of the 
registered nurse, instructor to trainee ratio for the 
supervised practical experience, retention of 



m 



10) 



trainee records and attendance requirements: 

(1 1) a skills performance checklist as specified in 
Subparagraph (c)(9) of this Rule; and 

(12) a certificate of successful completion of the 
training program. 

(e) The following requirements shall apply to the 
competency evaluation for purposes of exempting adult care 
home staff from the 40 or 75-hour training as required in 
Rule .1410 of this Section: 



m 



£2} 



Ql 



£4} 



15} 



m 



The competency evaluation for purposes of 
exempting adult care home staff from the 40 or 
75-hour training shall consist of the satisfactory 
performance of personal care skills according to 
the requirement in Subparagraph (c)(9) of this 
Rule. 

Any person who conducts the competency 
evaluation for exemption from the 40 or 75-hour 
training shall be a registered nurse with the same 
quaiifications specified in Subparagraph (c)(1) of 
this Rule. 

"Ilie competency evaluation shall be conducted in 
a licensed adult care home or in a facility or 
laboratory setting comparable to the work setting 
in which the participant will be performing or 
supervising the personal care skills. 
All skills being evaluated shall be performed on 
humans except for intimate care skills such as 
perineal and catheter care, which may be 
performed on a maimequin. 
The person being competency evaluated in the 
setting of the person's employment shall not be 
considered on duty and counted in the staff-to- 
resident ratio. 

An individual, agency or organization seeking to 
provide the competency evaluation for training 
exemption puqxises shall complete an application 
available at no charge from the Division of 
Facility Services. Group Care Licensure Section. 
Post Office Box 29530. Raleigh. North Carolina 
27626-0530 and submit it to the Group Care 
Licensure Section along with the following 
information: 

(A) resume of the person performing the 
competency evaluation, including the 
current RN certificate number; 

(B) a certificate, with the signature of the 
evaluating registered nurse and the 
participant's name, to be issued to the 
person successfully completing the 
competency evaluation; 
procedures or steps to be completed in the 
p>erfoniiance of the personal care and basic 
nursing skills; 

a skills performance checklist as specified 
in Subparagraph (c)(9) of this Rule; 
a site for the competency evaluation; and 
a list of equipment, materials and supplies. 



IQ 



(El 

ID 



1580 



NORTH CAROLINA REGISTER 



January 15, 1997 



11:20 



APPROVED RULES 



History Note: Authority G.S. 131D-2; 131D-4.3; 143B- 

153; 

Temporary Adoption Eff. January 1, 1996; 

Eff. May I. 1997. 



TITLE ISA - DEPARTMENT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES 

CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 

SUBCHAPTER 2B - SURFACE WATER AND 
WETLAND STANDARDS 

SECTION .0200 - CLASSIFICATIONS AND WATER 
QUALITY STANDARDS APPLICABLE TO 
SURFACE WATERS AND WETLANDS OF 
NORTH CAROLINA 

.0229 TAR-PAMLICO RIVER BASIN - NUTRIENT 
SENSITIVE WATERS MANAGEMENT 
STRATEGY: NUTRIENT OFFSET 
PAYMENTS FOR NON-TAR-PAMLICO 
BASIN ASSOCIATION MEMBERS 

(a) All waters of the Tar-Pamlico River Basin have been 
supplementally classified nutrient sensitive waters (NSW) 
pursuant to I5A NCAC 2B .0223. The following 
procedures are to be implemented in accordance with 15A 
NCAC 2B .0223 in all waters of the Tar-Pamlico River 
Basin for those wastewater dischargers who are not 
members of the Tar-Pamlico Basin Association; 

(b) Existing wastewater dischargers expanding to greater 
than 0.5 million gallons per day (MGD), who are not 
members of the Tar-Pamlico Basin Association, shall be 
required to offset their additional nutrient loads by funding 
nonpoint source control programs approved by the Division 
of Water Quality prior to the issuance of their NPDES 
permit and at each renewal. Nitrogen and phosphorus loads 
shall be offset at the rate of 110 percent of the cost to 
implement BMPs designed to reduce that same load created 
by expanding the discharge above 0.5 MGD. Equations for 
calculating the offset costs are: 

(1) For an existing facility with permitted flow of less 
than or equal to 0^ MGD as of December 8^ 
1994 expanding to greater than 0.5 MGD who is 
not a member of the Tar-Pamlico Basin 
Association: 

Payment = ((PF. x (TN-t-TP) x 1384)-(0.5 x 
(TN-t-TP) X 1384)) X (BMP, x 1.1) where: 
Payment ^ the nutrient offset payment ($); 
PF. ^ Permitted Flow including expansion 
(MGD); 

TN ^ 6 mg/1 total nitrogen for domestic 
discharges or BAT for industrial discharges; 
TP ^ 1 mg/l total phosphorus for domestic 
discharges or BAT for industrial discharges; 
1384 = conversion factor; 



0.5 = the permitted flow (MGD) above which 
payment for additional nutrient loading is 
required; 

BMP., ^ Best Management Practice cost- 
effectiveness rate in $/kg as set in 15A NCAC 2B 
.0237 of this Section; 

1.1 = 110 percent of the cost for the nonpoint 
source controls. 
(2) For an expanding facUity with a permitted flow of 
greater than or equal to 0^ MGD as of December 
8i 1994 who is not a member of the Tar-Pamlico 
Basin Association: 

Payment=((PF. x (TN-^TP) x 1384)-(PF x 
(TN-f-TP) x 1384)) X (BMP, x 1.1) where: 
Payment ^ the nutrient offset payment ($); 
PF. = Permitted Flow including expansion 
(MGD); 

PF ^ Permitted Flow as of December 8^ 1994 
(MGD); 

TN ^ 6 mg/1 total nitrogen for domestic 
discharges or BAT for industrial discharges; 
TP ^ 1 mg/1 total phosphorus for domestic 
discharges or BAT for industrial discharges; 
1384 ^ conversion factor; 

BMP. ^ Best Management Practice cost- 
effectiveness rate in $/kg as set in 15A NCAC 2B 
■0237 of this Section; 

1.1 ^ 1 10 percent of the cost for the nonpoint 
source controls. 

(c) New wastewater dischargers with permitted flows 
greater than or equal to 0.05 MGD, who are not members 
of the Tar-Pamlico Basin Association, shall be required to 
offset their nutrient loads by fimding nonpoint source control 
programs approved by the Division of Water Quality prior 
to the issuance of their NPDES permit and at each renewal. 
Nitrogen and phosphorus loads shall be offset at the rate of 
1 10 percent of the cost to implement BMPs designed to 
reduce that same loading created by the new discharge 
above 0.05 MGD. The equation for calculating the offset 
costs is: 

Payment = PF x (TN-hTP) x 1384 x (BMP, x 1.1) where: 

Payment ^ the nutrient offset payment ($); 

PF = Permitted Flow (MGD); 

TN ^ 6 mg/1 total nitrogen for domestic discharges or BAT 

for industrial discharges; 

TP ^ 1 mg/1 total phosphorus for domestic discharges or 

BAT for industrial discharges; 

1384 ^ conversion factor; 

BMP. = Best Management Practice cost-effectiveness rate 

m $/kg as set in 15A NCAC 2B .0237 of this Section; 

1. 1 ^ 1 10 percent of the cost for the nonpoint source 

controls. 

(d) Existing wastewater dischargers expanding to greater 
than 0.5 MGD. who are not members of the Tar-Pamlico 
Basin Association, may petition the Commission or its 
designee for an exemption from Paragraph £b) of this Rule 
upon meeting all of the following conditions: 



11:20 



NORTH CAROLINA REGISTER 



January 15, 1997 



1581 



APPROVED RULES 



(1) For industrial facilities: 

(A) The facility has reduced its annual average 
TN loading by 30 percent from its annual 
average 1991 TN loading or nitrogen is not 
part of the waste stream above background 
levels; 

(B) The facility has reduced its armual average 
TP loading by 30 percent from its amiual 
average 1991 TP loading or phosphorus is 
not part of the waste stream above 
background levels; 

(C) The expansion does not result in annual 
average TN loading greater than 70 percent 
of the 1991 annual average TN load. 
Permit limits may be established to insure 
that the 70 percent load is not exceeded; 

(T>) The expansion does not result in annual 
average TP loading greater than 70 percent 
of the 1991 annual average TP load. 
Permit limits may be established to insure 
that the 70 percent load is not exceeded; 

(E) To maintain its exemption from Paragraph 
(b) of this Rule, a facility must continue to 
meet the requirements of Subparagraph 
(d)(n Parts (A) through (D) of this Rule. 

(2) For municipal facilities: 

(A) The facility has reduced its annual average 
TN loading by 30 percent from its annual 
average 1991 TN loading; 

(B) The facility has reduced its annual average 
TP loading by 30 percent from its annual 
average 1991 TP loading; 

(C) The expansion does not result in annual 
average TN loading greater than 70 percent 
of the 1991 annual average TN load. 
Permit limits may be established to insure 
that the 70 percent load is not exceeded; 

(D) The expansion does not result in annual 
average TP loading greater than 70 percent 
of tlie 1991 annual average TP load. 
Permit limits may be established to insure 
that the 70 percent load is not exceeded; 

(E) To maintain its exemption from Paragraph 
(b) of this Rule, a facility must continue to 
meet the requirements of Subparagraph 
(d)(2) Parts (A) through (D) of this Rule. 

History Note: Authority G.S. 143-214.1; 
Eff. April 1. 1997. 

.0237 BEST MANAGEMENT PRACTICE COST- 
EFFECTIVENESS RATE 

The Best Management Practice cost-effectiveness rate 
(BMP.) represents the cost to achieve a reduction of one 
kilogram of total nitrogen through the use of BMP's. This 
rate shall be used for determining cost of nutrient controls 
and shall be twenty-nine dollars ($29/kg). 



History Note: Authority G.S. 143-214.1; 
Eff. April 1, 1997 . 

CHAPTER 3 - MARINE FISHERIES 

SUBCHAPTER 31 - GENERAL RULES 

SECTION .0100 - GENERAL RULES 

.0101 DEFTNTTIONS 

(a) All definitions set out in G.S. 113, Subchapter IV 
apply to this Chapter. 

(b) The following additional terms are hereby defined: 
(1) Commercial Fishing Equipment. All fishing 

equipment used in coastal fishing waters except: 

(A) Seines less than 12 feet in length; 

(B) Spears; 

(C) A dip net having a handle not more than 
eight feet in length and a hoop or frame to 
which the net is attached not exceeding 60 
inches along the perimeter; 

(D) Hook-and-Une and bait-and-line equipment 
other than multiple-hook or multiple-bait 
trotline; 

(E) A landing net used to assist in taking fish 
when the initial and primary method of 
taking is by the use of hook and line; and 

(F) Cast Nets. 

Fixed or stationary net. A net anchored or staked 
to the bottom, or some structure attached to the 
bottom, at both ends of the net. 
Mesh Length. The diagonal distance from the 
inside of one knot to the outside of the other knot, 
when the net is stretched hand-tight. 
Possess. Any actual or constructive holding 
whether under claim of ownership or not. 
Transjxjrt. Ship, carry, or cause to be carried or 
moved by public or private carrier by land, sea, 
or air. 

Use. Employ, set, operate, or permit to be 
operated or employed. 

Purse Gill Nets. Any giU net used to encircle fish 
when the net is closed by the use of a purse line 
through rings located along the top or bottom line 
or elsewhere on such net. 

Gill Net. A net set vertically in the water to 
capture fish by entanglement by the gills in its 
mesh as a result of net design, construction, mesh 
size, webbing diameter or method in which it is 
used. 

Seine. A net set vertically in the water and pulled 
by hand or power to capture fish by encirclement 
and confining fish within itself or against another 
net, the shore or bank as a result of net design, 
construction, mesh size, webbing diameter, or 
method in which it is used. 

(10) Internal Coastal Waters or Internal Waters. All 



(2) 

(3) 

(4) 
(5) 

(6) 

(7) 

(8) 



(9) 



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coastal fishing waters except the Atlantic Ocean. 

(11) Channel Net. A net used to take shrimp which is 
anchored or attached to the bottom at both ends or 
with one end anchored or attached to the bottom 
and the other end attached to a boat. 

(12) Dredge. A device towed by engine power 
consisting of a frame, tooth bar or smooth bar, 
and catchbag used in the harvest of oysters, 
clams, crabs, scallops, or conchs. 

(13) Mechanical methods for clamming. Includes, but 
not limited to, dredges, hydraulic clam dredges, 
stick rakes and other rakes when towed by engine 
power, patent tongs, kicking with propellers or 
deflector plates with or without trawls, and any 
other method that utilizes mechanical means to 
harvest clams. 

(14) Mechanical methods for oystering. Includes, but 
not limited to, dredges, patent tongs, stick rakes 
and other rakes when towed by engine power and 
any other method that utilizes mechanical means 
to harvest oysters. 

(15) Depuration. Purification or the removal of 
adulteration from hve oysters, clams, and mussels 
by any natural or artificially controlled means. 

(16) Peeler Crab. A blue crab that has a soft shell 
developing under a hard shell and having a 
definite pink, white, or red line or rim on the 
outer edge of the back fin or flipper. 

(17) Length of fmfish. Determined by measuring 
along a straight line the distance from the tip of 
the snout with the mouth closed to the tip of the 
compressed caudal (tail) fin. 

(18) Licensee. Any person holding a valid license 
from the Department to take or deal in marine 
fisheries resources. 

(19) Aquaculture operation. An operation that 
produces artificially propagated stocks of marine 
or estuarine resources or obtains such stocks from 
authorized sources for the purpose of rearing in a 
controlled environment. A controlled 
environment provides and maintains throughout 
the rearing process one or more of the following: 
predator protection, food, water circulation, 
salinity, or temperature controls utilizing proven 
technology not found in the natural environment. 

(20) Critical habitat areas. The fragile estuarine and 
marine areas that support juvenile and adult 
populations of economically important seafood 
species, as well as forage species important in the 
food chain. Critical habitats include nursery 
areas, beds of submerged aquatic vegetation, 
shellfish producing areas, anadromous fish 
spawning and anadromous fish nursery areas, in 
all coastal fishing waters as determined through 
marine and estuarine survey sampling. Critical 
habitats are vital for portions, or the entire life 
cycle, including the early growth and development 



(21) 



(22) 



(23) 



(24) 



of important seafood species. 

(A) Beds of submerged aquatic vegetation are 
those habitats in public trust and estuarine 
waters vegetated with one or more species 
of submerged vegetation such as eelgrass 
(Zostera marina), shoalgrass (Halodule 
wrightii) and widgeongrass (Ruppia 
maritima). These vegetation beds occur in 
both subtidal and intertidal zones and may 
occur in isolated patches or cover extensive 
areas. In either case, the bed is defined by 
the presence of above-ground leaves or the 
below-ground rhizomes and propagules 
together with the sediment on which the 
plants grow. In defming beds of 
submerged aquatic vegetation, the Marine 
Fisheries Commission recognizes the 
Aquatic Weed Control Act of 1991 (G.S. 
113A-220 et. seq.) and does not intend the 
submerged aquatic vegetation definition and 
its implementing rules to apply to or 
conflict with the non-development control 
activities authorized by that Act. 

(B) Shellfish producing habitats are those areas 
in which economically important shellfish, 
such as, but not limited to clams, oysters, 
scallops, mussels, and whelks, whether 
historically or currently, reproduce and 
survive because of such favorable 
conditions as bottom type, salinity, 
currents, cover, and cultch. Included are 
those shellfish producing areas closed to 
shellfish harvest due to pollution. 

(C) Anadromous fish spawning areas are 
defined as those areas where evidence of 
spawning of anadromous fish has been 
documented by direct observation of 
spawning, capture of running ripe females, 
or capture of eggs or early larvae. 

(D) Anadromous fish nursery areas are defmed 
as those areas in the riverine and estuarine 
systems utilized by post-larval and later 
juvenile anadromous fish. 

Intertidal Oyster Bed. A formation, regardless of 

size or shaf>e, formed of shell and live oysters of 

varying density. 

North Carolina Trip Ticket. Multiple-part form 

provided by the Department to fish dealers who 

are required to record and report transactions on 

such forms. 

Transaction. Act of doing business such that fish 

are sold, offered for sale, exchanged, bartered, 

distributed or landed. The point of landing shall 

be considered a transaction when the fisherman is 

the fish dealer. 

Live rock. Living marine organisms or an 

assemblage thereof attached to a hard substrate 



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including dead coral or rock (excluding mollusk 
shells). For example, such living marine 
organisms associated with hard bottoms, banks, 
reefs, and live rock may include, but are not 
limited to: 

(A) Animals: 

(i) Sponges (Phylum Porifera); 
(ii) Hard and Soft Corals, Sea 
Anemones (Phylum Cnidaria): 
(7) Fire corals (Class Hydrozoa); 
(II) Gorgonians, whip corals, sea 
pansies, anemones, 

Soleoastrea (Class Anthozoa); 
(iii) Bryozoans (Phylum Bryozoa); 
(iv) Tube Worms (Phylum Annelida): 
(I) Fan worms (Sabellidae); 
(II) Feather duster and Christmas 

tree worms (Serpulidae); 
(HI) Sand castle worms 

(Sabellaridae). 
(v) Mussel banks (Phylum 

Mollusca: Gastropoda) ; 
(vi) Colonial barnacles 

(Arthropoda:Crustacea:Megabalanus 
sp.). 

(B) Plants: 

(i) Coralline algae (Division 

Rhodophyta); 
(ii) Acetabularia sp., Udotea sp., 

Halimeda sp., Caulerpa sp. 

(Division Chlorophyta); 
(iii) Sargassum sp., Dictyopteris sp., 

Zonaria sp. (Division Phaeophyta). 

(25) Coral: 

(A) Fire corals and hydrocorals (Class 
Hydrozoa): 

(B) Stony corals and black corals (Class 
Anthozoa, Subclass Scleractinia); 

(C) Octocorals; Gorgonian corals (Class 
Anthozoa, Subclass Octocorallia): 

(i) Sea fans (Gorgonia sp.); 
(ii) Sea whips (Leptogorgia sp. and 

Lophogorgia sp.); 
(iii) Sea pansies (Renilla sp.). 

(26) Shellfish production on leases and franchises: 

(A) (i) The culture of oysters, clams, scallops, 
and mussels, on shellfish leases and 
franchises from a sublegal harvest size to a 
marketable size. 

(B) («) The transplanting (relay) of oysters, 
clams, scallops and mussels from 
designated areas closed due to pollution to 
shellfish leases and franchises in open 
waters and the natural cleansing of those 
shellfish. 

(27) Shellfish marketing from leases and franchises. 
The harvest of oysters, clams, scallops, mussels. 



from privately held shellfish bottoms and lawful 
sale of those shellfish to the public at large or to 
a licensed shellfish dealer. 

(28) Shellfish planting effort on leases and franchises. 
The process of obtaining authorized cultch 
materials, seed shellfish, and polluted shellfish 
stocks and the placement of those materials on 
privately held shellfish bottoms for increased 
shellfish production. 

(29) Pound Net. A fish trap consisting of a holding 
pen, one or more enclosures, and a lead or 
leaders. The lead(s). enclosures, and holding pen 
are not conical, nor are they supported by hoops 
or frames. 

History Note: Authority G.S. 113-134; 143B-289.4; 
Eff. January I. 1991; 

Amended Eff. April L. 1997: March 1, 1995; March 1, 
1994; Oaober 1, 1993; July 1. 1993. 

.0105 LEAVENJG DEVICES UNATTENDED 

(a) It is unlawful to leave stakes, anchors, nets, pots, 
buoys, or floating devices in any coastal fishing waters 
when such devices are not being employed in fishing 
operations except as otherwise provided by rule or General 
Statute. 

£b} It is unlawful to leave pots in any coastal fishing 
waters for more than 10 consecutive days, when such pots 
are not being employed in fishing operations, except upon 
a timely and sufficient showing of hardship as defined in 
Subparagraph 0o)(2) of this Rule or as otherwise provided 
by General Statute. 

(1) Agents of the Fisheries Director may tag pots 
with a device approved by the Fisheries Director 
to aid and assist in the investigation and 
identification of unattended pots. Any such 
device attached to a pot by agents of the Fisheries 
Director must be removed by the individual 
utilizing the pot within 10 days of attachment in 
order to demonstrate that the pot is being 
employed in fishing operations. 
For the purposes of Paragraph (b) of this Rule 
only, a timely and sufficient showing of hardship 
shall be written notice given to the Fisheries 
Director that a mechanical breakdown of the 
owner's vesseUs) currently licensed under G.S. 
113-152, or the death, illness or incapacity of the 
owner of the ^ot or his immediate family 
prevented or will prevent employing such pots in 
fishing operations more than 10 consecutive days. 
The notice shall be received by the Fisheries 
Director before any pot is left in coastal fishing 
waters for 10 consecutive days without being 
employed in fishing operations, and shall state, in 
addition to the following. the number and 
specific location of the pots, and the date on 
which the pots will be employed in fishing 



(2} 



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APPROVED RULES 



operations or removed from coastal fishing 
waters: 

(A) in case of mechanical breakdown, the 
notice shall state the owner's N.C. motor 
boat registration number of the disabled 
vessel, date disabled, arrangements being 
made to repair the vessel or a copy of the 
work order showing the name, address and 
phone number of the repair facility; or 

(B) in case of the death, illness or incapacity of 
the owner of the 22l 21 hk immediate 
family, the notice shall state the name of 
the owner or immediate family member, 
the date of death, the date and nature of the 
illness or incapacity. The Fisheries 
Director may require a doctor's verification 
of the illness or incapacity. Failure to 
employ in fishing operations or remove 
from coastal fishing waters all pots for 
which notice of' hardship is received under 
this Rule within 14 days of the expiration 
of the hardship shall be violation of this 
Rule. 

(c) It is unlawful to set or have any fishing equipment in 
coastal fishing waters In violation of this Section or which 
contains edible sjiecies of fish unfit for human consumption. 

History Note: Authority G.S. 113-134; 113-137; 113-182; 

143B-289.4; 

Eff. January 1, 1991; 

Amended Ejf. April ]_, 1^97; March 1, 1996. 

SUBCHAPTER 3L - SHRIMP, CRABS, AND 
LOBSTER 

SECTION .0200 - CRABS 

.0201 SIZE LEVnT AND CULLING TOLERANCE 

(a) It is unlawful to possess hard blue crabs less than five 
inches from tip of spike to tip of spike except, mature 
fomalos females, soft and "poolers" peeler crabs. A 
tolerance of not more than 10 percent by number in any 
container shall be allowed. 

(b) Tolortmco of not more than 15 porcont by number of 
any portion oxominod shall bo allowed. In dotormining 
wh e th e r th e proportion of undoroizo orabo oxooodo the 15 
p e rc e nt tol e rono e limit, th e Fiah e ri e o Dir e ctor and hio ag e nto 
are authorizod and ompoworcd to grado all, or any portion, 
or any combination of portions of the entire quantity' of 
ombs b e ing graded, and in oooob of violations, — may r e quir e 
s e izure and r e turn to th e wat e rs, or other diopooition ao 
authorizod by law. All crabs shall bo ouUod by tho catohor 
whoro har>'03tod and all crabs less than legal sia© size. 
except mature femaloo female and soft crabs and "pooloro" 
shall be immediately returned to the waters from which 
taken. Peeler crabs "Poolers" shall be separated from the 
entire catch and placed in a separate container before 



reaching shore or dock. Those peeler crabs not separated 
before reaching shore or dock shall be deemed hard crabs 
and are not exempt from the size restrictions specified in 
Paragraph (a) of this Rule. 

History Note: Authority G.S. 113-134; 113-182; 113-221; 

143B-289.4; 

Eff. January 1, 1991; 

Amended Eff. April L, 1997; July 1, 1993. 

SUBCHAPTER 3M - FINFISH 

SECTION .0500 - OTHER FINTISH 

.0504 TROUT 

(a) Spotted seatrout (speckled trout). 

(1) It is unlawful to possess spotted seatrout less than 
12 inches total length. 

(2) It is unlawful to possess more than 10 spotted 
seatrout per person per day taken by hook-and- 
line. 

(b) Weakfish (gray trout). 

(1) The Fisheries Director may, by proclamation, 
imfHDse any or all of the following restrictions on 
the taking of weakfish by commercial gear: 

(A) Specify areas. 

(B) Specify seasons. 

(C) Specify quantity. 

(D) Specify means/methods. 

(E) Specify size, but the minimum size shall 
not be greater than 12 inches total length. 

(3) Woalcfish takon by hook and lino: 

(A) It is unlawful to possess weakfish loss than 

13 inohoo total length txik e n by hook and 

(B) 1 is unlawful to possess more than four 

woalcfish per person per day talcon by hook 
and lin e . 

(2) The Fisheries Director may, by proclamation, in 
order to comply with or utilize conservation 
equivalency to comply with the Atlantic States 
Marine Fisheries Commission Weakfish 
Management Plan, impose any or all of the 
following restrictions on the taking of weakfish by 
hook-and-line: 

(A) Specify quantity. 

(B) Specify size. 

History Note: Authority G.S. 113-134; 113-182; 

143B-289.4; 

Eff. January 1, 1991; 

Amended Eff. March 1, 1996; March 1, 1995; February 1, 

1992. 

Temporary Amendment Eff. September 9, 1996; 

Temporary Amendment Eff. October 1, 1996; 

Amended Eff. April 1. 1997. 



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APPROVED RULES 



.0511 BLUEFISH 

(a) In order to comply with the management requirements 
incorporated in the Fishery Management Plan for Bluefish 
developed cooperatively by the Mid-Atlantic Fishery 
Management Council and the Atlantic States Marine 
Fisheries Commission, the Fisheries Director may, by 
proclamation, take any or all of the following actions in the 
bluefish commercial fishery: 

(1) Specify size; 

(2) Specify seasons; 

(3) Specify areas; 

(4) Specify quantity; 

(5) Specify means/methods; and 

(6) Require submission of statistical and biological 
data. 

(b) In order to comply with or utilize conservation 
equivalency to comply with the management requirements 
incorporated in the Fishery Management Plan for Bluefish 
developed cooperatively by the Mid-Atlantic Fisheries 
Management Council and the Atlantic States Marine 
Fisheries Commission, the Fisheries Director may, by 
proclamation, take any or all of the following actions in the 
bluefish hook-and-line fishery: 

(1) Specify size; 

(2) Specify quantity. 

(h) It is unla%vful to poooooo bluofioh Iood than 12 inohoo 
total length tok e n by hook and lin e . 

{e) — It is unlawful to poasosa moro than 20 bluofiah por 
porson per day taken by hook and lino. 

History Note: Authority G.S. 113-134; 113-182; 113-221; 

143B-289.4; 

Eff. March 1, 1994; 

Amended Eff. April 1, 1997; March 1, 1996. 

Temporary Amendment Eff. September 9, 1996; 

Amended Eff. April 1, 1997. 

CHAPTER 7 - COASTAL MANAGEMENT 

SUBCHAPTER 7H - STATE GUIDELINES FOR 
AREAS OF ENVIRONMENTAL CONCERN 

SECTION .0100 - INTRODUCTION AND 
GENERAL COMMENTS 

.0104 DEVELOPMENT INITIATED PRIOR TO 
EFFECTIVE DATE OF REVISIONS 

Development on lots created after September 27, 1996 
shall comply with the current erosion rates established 
pursuant to ISA NCAC 7H .0304. Development on lots 
created between June J_j 1979 and September 27. 1996 must 
comply with the current rates to the maximum extent 
feasible and have a minimum setback equal to the rates in 
effect at the time the lots were created, or, those rates in 
effect at the time of issuance of any active CAMA permit 
for development on those lots, whichever is more 
restrictive. Development on lots created prior to June l^ 



1979 shall comply with the provisions of ISA NCAC 7H 
.0309(b) and (c). 

(a) — Th e following Rul e s shall bo uo e d to d e t e rmino 
whether tho roviaionfl to guidolinoa for dovolopmont in oroas 
of onvironmontol — ooncom — (horelnaftor — referred — te — as 
revioiono), with an e ff e ctive date of Jun e 1, 1979, shall 
apply to a propos e d d e v e lopm e nt. 

(4) In tho case of a do' i 'olopmont for which a CiAMA 

permit woa required prior to June 1, 1979, tho 
r e visions ohoil not bo apphoabl e if a oomploto and 
suffici e nt application for a CAMA permit was 
filod and acooptod before June 1, 1070. — However 
if the application should lapse or bo dcniod, 
th e reby r e quiring a n e w application aft e r Juno 1, 
1979, or if th e appUoation is modified or r e newed 
after Juno 1, 1979, tho revisions shall bo made 
applicable. 

(3) In tho cas e of a dovolopmont for which no Ci\MA 

p e rmit was r e quir e d prior to July IS, 1979, tho 
rovisiona ahall not bo applicable if all legally 
required — permits — have — boon — applied — for and 
aooopted in aooordano e with th e applioable ruloo 
©f — the — ag e noy — r e sponsible — fef — the — p e rmit. 
However, if tho application should lapse or bo 
denied, thereby requiring a nov i ' application aftor 
July IS, 1979. or if th e application is modifi e d or 
r e n e w e d aft e r July 15, 1979, th e r e visions shall 
bo applicable. 

(?) In those oaaos where a C;\MA major permit -was 

issu e d — before — Jun e — J-; — 1979, — fef — a — major 
d e v e lopm e nt which included platted lots, th e n e w 
stondtu'ds shall apply to such platted lots only to 
the maximum extent possible without effectively 
prohibiting th e intend e d us e of thos e lots. In order 
for this Subparagraph to apply, th e following 
conditions must be mot: 

fA) tho lot on " i^ 'hich the proposed dovolopmont 

is to b e locat e d shall hav e been aoouratoly 
shown on th e major d e velopment p e rmit 
application and the boundaries must not 
have boon aignificantly altered. 

(B) th e lot on which th e proposed dovolopmont 

is to b e locat e d shall ha' i 'o boon suitable for 



tho intended 



tho AEC 



mtendod use accordmg to 
guidolinoa in offoct at tho time the major 
p e rmit was issu e d. 

(G) — minor dovolopmont — p e rmit — must — be 

applied for and received according to tho 
normal — minor — permit — process — before 
d e v e lopm e nt can begin. 

(B) this Rul e shall apply only to d e velopmont 

for which a permit application is submitted 

prior — to expiration ef — the — major 

dovolopmont p e rmit issu e d b e fore Juno 1, 

(4) In those oaaoa V i 'horc any nccoaaar)' local approval 

was iaauod for — a — propoaod — subdivision 



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APPROVED RULES 



dovolopmont prior to July 15, 1979, the Division 
of CoQotal Manag e m e nt adviood th e d e v e lop e r in 
writing whoro to looato the ooeon setbaok lin e for 
the — proposed — subdivision, — and — the — proposed 
subdivision dovolopmont was rcxiordod — in tho 



such development must bo consiotont with all 

oth e r provioiono of this Subohapt e r. 

fe) — In th e oao e of oubdivioions or proj e cts whioh have 

received either all — required — fisal — or proliminar)' — local 

approval s or a CAMA major dovolopmont permit prior to 



oounty registry prior to July 15, 1979, with th e May 27, 19 88 , and have therein m o t all applioabl o CAMA 



s e tback r e quir e m e nts as of May 27, 19 88 , tho updated 
oceanfront erosion rates approved by tho Commission on 
regarding oceanfront setbacks shall apply to tho July 29, 19 8 8, and effective on November 1, 19 8 8, shall 



ocean setback det e rmin e d by th e Division of 
Coastal — Management, any — new — stxmdards 



platt e d lots within tho propos e d aubdivioion only 
te — the — maximum — extent — possibl e — without 



only apply to the maximum e xt e nt foasibl o . — For thos e 
pr e viously approv e d lots and proj e cts, th e e rosion rate 



offoctivoly prohibiting the intended u s e of tho s e existing a s of May 27, 19 8 8, shall be applied in determining 



lots. In order for this Subparagraph to apply, tho 
following conditions must bo met: 

(A) the — lot(s) — en — whioh — the — propos e d 

development is to be located shall have 
boon accurately — shown on an approved 
local plat and th e boundari e s must not hav e 
been oignifioantly altered; 

(B) th« — lot(s) — OH — which — the — proposed 

development is to be located shall have 
been suitable for th e int e nded uoe according 
to th e AEC guid e lin e s in effect at th e tim e 
tho plat was approved; and 

(€) a minor development permit(3) mu s t bo 

applied for and r e c e iv e d according to th e 

normal — minor — permit — proc e ss — b e for e 

development can begin. 

(b) The — oceanfront — setback — provi s ion s — specifically 

applicabl e — te — larg e — structur e s, — as — set — forth — by — Rul e 

.0306(a)('1) — of this — Subchapter, — shall — apply — ©ely — te 

dovolopmont applications roceis'od on or after November 1 . 

1983. Further, Rule .0306(a)(4) of this Subchapter shall 

eeiy — apply — te — the — maximum — e xt e nt — possibl e — without 

effectiv e ly prohibiting th e intend e d us e of th e prop e rt)' in th e 

following situations: 

(i^ tho completion of projects that had received valid 

CAMA p e rmits prior to Nov e mb e r — 1^; — 19 8 3. 
provided that permit r e n e wals, modification and 
transfer requests for those projects made pursuant 
to 15A NCAC 7J .0 4 4 , .0 4 05 and .0 4 06 and 
15 A NCAC 7E .0105 shall bo consid e r e d und e r 
tho ootbaok rul e s applicabl e at th e tim e of original 
permit issuance, and no renewals or extensions of 
pro existing permits shall bo made beyond the 
e xpiration p e riod unless either th e r e has b ee n 
substantial progress on construction or no mat e rial 
change in the physical conditions at tho project 
site (as is provided by 15A NCAC 7J .0 4 03); and 

(3) th e compl e tion of proj e cts that wore outsid e of 

CAMA p e rmit jurisdiction prior to Nov e mb e r 1, 
1983, provided that all other required state and 
local permits had boon applied for in accordanco 
with the rules of th e ag e nci e s r e sponsible for such 
p e rmits and that th e d e v e loper has mat e rially 
changed his or her position in good faith reliance 
on such development approvals. — In all instance s , 



minimum oceanfront setback s for purposes of subsequent 
approv e d construction or d e v e lopm e nt prior to th e n e xt 
e rosion rat e updat e . 

fd) — Reconfiguration of lots and projects that have a 
grandfather statuo under Paragraphs ("b) and (c) of thi s Rule 
will b e allov > ' e d provid e d that tho following conditions are 

f4-) Development is setback from tho first lino of 

stable natural vegetation a distance no loss than 
that r e quir e d by th e applicabl e e xc e ptions, and 

(3) R e configuration will not r e sult in an incr e as e in 

tho number of buildablo lota within tho Ocean 
Hazard i\EC or have other adverse environmental 
cons e qu e nc e s. 

History Note: Authority G.S. 113A-107; 113A-113; 

113A-124; 

Eff. September 15, 1979; 

Amended Eff. April L 1997: April 1. 1995; May 1, 1990; 

November 1, 1988; September 1, 1988. 

SECTION .0300 - OCEAN HAZARD AREAS 

.0304 AECs WITHIN OCEAN HAZARD AREAS 

The ocean hazard system of AECs contains all of the 
following areas: 

(1) Ocean Erodible Area. This is the area in which 
there exists a substantial possibility of excessive 
erosion and significant shoreline fluctuation. The 
seaward boundary of this area is the mean low 
water line. The landward extent of this area is 
determined as follows: 

(a) a distance landward from the first line of 
stable natural vegetation to the recession 
line that would be established by 
multiplying the long-term annual erosion 
rate times 60, provided that, where there 
has been no long-term erosion or the rate is 
less than two feet per year, this distance 
shall be set at 120 feet landward from the 
first line of stable natural vegetation. For 
the purpKJses of this Rule, the erosion rates 
shall be the long-term average based on 
available historical data. The current long- 
term average erosion rate data for each 



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1587 



APPROVED RULES 



segment of the North Carolina coast is 
depicted on thooo o e t forth in tabl a o maps 
entitled "Long Term Annual Erosion 
Shoreline Change Rates updated through 
19 8 6" 1992" and approved by the Coastal 
Resources Commission on July 29, 19 88 
September 27, 1996 (except as such rates 
may be varied in individual contested 
cases, declaratory or interpretive rulings). 
TTie tabl e s maps are available without cost 
from any local permit officer or the 
Division of Coastal Management; and 
(b) a distance landward from the recession line 
established in Sub-Item (l)(a) of this Rule 
to the recession line that would be 
generated by a storm having a one percent 
chance of being equaled or exceeded in any 
given year. 

(2) The High Hazard Flood Area. This is the area 
subject to high velocity waters (Including, but not 
limited to, hurricane wave wash) in a storm 
having a one percent chance of being equaled or 
exceeded in any given year, as identified as zone 
VI -30 on the flood insurance rate maps of the 
Federal Insurance Administration, U.S. 
Department of Housing and Urban Development. 
In th e abs e nc e of theoo rate maps, othor available 
base flood olovation data prepared by a federal, 
state, or othor source may bo used, provided said 
data oouro e is approved by th e CRC. 

(3) Inlet Hazard Area. The inlet hazard areas are 
natural-hazard areas that are especially vulnerable 
to erosion, flooding and other adverse effects of 
sand, wind, and water because of their proximity 
to dynamic ocean inlets. This area shall extend 
landward from the mean low water line a distance 
sufficient to encompass that area within which the 
inlet will, based on statistical analysis, migrate, 
and shall consider such factors as previous inlet 
territory, structurally weak areas near the inlet 
(such as an unusually narrow barrier island, an 
unusually long channel feeding the Lnlet, or an 
overwash area), and external influences such as 
jetties and channelization. The areas identified as 
suggested Inlet Hazard Areas included in the 
report entitled INLET HAZARD AREAS, The 
Final Report and Recommendations to the Coastal 
Resources Commission, 1978, as amended in 
1981, by Loie J. Priddy and Rick Carraway are 
incorporated by reference without future changes 
and are hereby designated as Inlet Hazard Areas 
except that the Cape Fear Inlet Hazard Area as 
shown on said map shall not extend northeast of 
the Baldhead Island marina entrance channel. In 
all cases, this area shall be an extension of the 
adjacent ocean erodible area and in no case shall 
the width of the inlet hazard area be less than the 



width of the adjacent ocean erodible area. This 
report is available for inspection at the 
Department of Environment, Health, and Natural 
Resources. Division of Coastal Management. 
2728 Capital Boulevard. Raleigh, North Carolina. 
Small scaled photo copies are available at no 
charge. 
(4) Unvegetated Beach Area. Beach areas within the 
Ocean Hazard Area where no stable natural 
vegetation is present may be designated as an 
imvegetated beach area on either a permanent or 
temporary basis: 

(a) An area appropriate for permanent 
designation as an unvegetated beach area is 
a dynamic area that is subject to rapid 
unpredictable landform change from wind 
and wave action. The areas in this 
category shall be designated following 
detailed studies by the Coastal Resources 
Commission. These areas shall be 
designated on maps approved by the 
Commission and available without cost 
from any local permit officer or the 
Division of Coastal Management. 

(b) An area that is suddenly unvegetated as a 
result of a hurricane or other major storm 
event may be designated as an unvegetated 
beach area for a specific period of time. 
At the expiration of the time specified by 
the Commission, the area shall return to its 
pre-storm designation. Areas appropriate 
for such designation are those in which 
vegetation has been lost over such a large 
land area that extrapolation of the 
vegetation line under the procedure set out 
in Rule .0305(e) of this Section is 
inappropriate. 

The Commission designates as temporary 
unvegetated beach areas those oceanfront areas in 
New Hanover, Pender, Carteret and Onslow 
Counties in which the vegetation line as shown on 
aerial photography dated August 8, 9, and 17, 
19%, was destroyed as a result of Hurricane Fran 
on September 5, 1996. This designation shall 
continue until such time as stable, natural 
vegetation has reestablished or until the area is 
permanently designated as an unvegetated beach 
area pursuant to Sub-Item 4(a) of this Rule. 

History Note: Authority G.S. 113A-107; 113A-113; 

113A-124; 

Eff. September 9, 1977; 

Amended Eff. December 1, 1993; November 1, 1988; 

September 1, 1986; December 1, 1985; 

Temporary Amendment Eff. October 10, 1996; 

Amended Eff. April L 1997 . 



1588 



NORTH CAROLINA REGISTER 



January 1^, 1^97 



11:20 



APPROVED RULES 



CHAPTER 10 - WILDLIFE RESOURCES AND 
WATER SAFETY 

SUBCHAPTER lOB - HUNTING AND TRAPPING 

SECTION .0100 - GENERAL REGULATIONS 

.0113 BIG GAME KILL REPORTS 

The carcass of each bear, wild turkey, and deer (except 
antl e r e sB antlerless deer harvested on areas in the Deer 
Management Assistance Program as described in G.S. 113- 
291.2(e)) and wild boar shall be tagged at the site of the kill 
with the appropriate big game tag which has been validated 
by cutting out the month and day of the kill. 

All harvested bear, deer, wild turkey, and wild boar must 
be registered at a wildlife cooperator agent or reported 
through the toll free Big Game Telephone Reporting 
System, before they are skiimed or dressed or dismembered 
for consumption except in those cases where the kill occurs 
in a remote area which prevents the animal from being 
transported as an entire carcass. In these cases, the carcass 
may be tagged, skinned, quartered, and transported to the 
wildUfe cooperator agent for reporting or reported within 24 
hours through the Big Game Telephone Reporting System. 
A wildlife cooperator agent located within the immediate 
area of open season will supply a big game kill report card 
in duplicate or an authorization number may be obtained 
through the Big Game Telephone Reporting System. The 
report card must shall be completed to show the information 
called for thereon. All wild turkoy muot b e r e giot e r e d 
through tho toll — free — Big Gamo Telephon e — R e porting 
S)'3tom, boforo thoy arc skinned or drossod or dismomborod 
for consumption. The tag shall be affixed to the carcass at 



a location and in such manner as to be visible upon 
inspection from the outside, and it is unlawful to affix the 
tag at any location or in any manner so as to conceal it from 
visibility upon ordinary inspection. It is unlawful to remove 
the tag from the carcass prior to the kill being properly 
reported either through completion of the report card or 
through the Big Game Telephone Reporting System or at 
any time thereafter until the carcass is finally skinned or 
dressed for consumption. The authorization number given 
through the Big Game Telephone Reporting System or the 
duplicate copy of the big game kill report card must be 
retained by the hunter and shall thereafter constitute his 
permit to continue in possession of the carcass. Otherwise, 
the contioued possession of the bear, wild turkey, deer or 
wild boar shall be unlawful. 

Persons who are by law exempt from the big game 
hunting license are not required to tag the carcass but shall 
report each kill as above required, and, in lieu of the tag, 
the word "exempt" together with the reason therefor 
(parent's license, landowner, agricultural lessee) shall be 
written on the original of the big game kill report card. 

Any big game tag which has been detached from the tag 
card issued with the big game license prior to the killing and 
tagging of the big game animal mav shall be seized by a 
wildlife enforcement officer, officer, if there is evidence of 
prior use. 

History Note: Authority G.S. 113-134; 113-270.3; 

113-276.1; 

Eff. February 1, 1976; 

Amended Eff. My, 1_, 1997; July 1, 1995; July 1, 1994; July 

1, 1993; July 1, 1989. 



CHAPTER 12 - PARKS AND RECREATION AREA RULES 

SUBCHAPTER 12B - PARKS AND RECREATION AREAS 

SECTION .1200 - MISCELLANEOUS 

.1206 FEES AND CHARGES 

The following fee schedule shall apply at all state parks, parkways, state lakes, state recreation areas, and natural areas 
under the stewardship of the Department, except for the N.C. Zoological Park. Payment of the appropriate fee shall be a 
prerequisite for the use of the pubUc service facility or convenience provided. Unless otherwise provided in this Rule, the 
number of persons camping at a particular campsite may be limited by the park superintendent depending upon the size of 
the camping group and the size and nature of the campsite. Any senior citizen (person 62 or older) registering for a campsite 
will receive the discounted senior citizens rate. 



TYPE OF FACIUTY OR CONVENIENCE 



FEE 



0} CAMPING 



(al 



Campsites with electrical hookups, picnic table, 
table, and grill. Water, restrooms, and shower 
facilities also available. 



i 

i 



(b) Campsites with picnic table and grill. Water, $ 
restrooms. and shower facilities also available. J 



17.00 (per campsite daily) 

14.00 (senior citizens daily, 62 or older) 

12.00 (per campsite daily) 

10.00 (senior citizens daily, 62 or older) 



(c) Primitive, unimproved campsites with pit privies. J 8.00 (per campsite, daily) 



11:20 



NORTH CAROLINA REGISTER 



January 15, 1997 



1589 



APPROVED RULES 



Fresh water also available. 

(d) Primitive group tent camping, unimproved 
campsites with pit privies. 

(e) Improved Group Camping (water, restrooms 
and shower facilities available. 

(f) Group Lodge 

William R, Umstead State Park 

(g) Group Camps 

(i) William B. Umstead State Park 



5 1.00 (per person, with $8.00 minimum) 

5 35.00 (per dav/ma.ximum capacity 35) 

J 90.00 (per day/maximum capacity 100) 

^ 30.00 (per day /maximum 25 people) 

Daily April. May. Sept.. Oct. 

I 30.00 One Unit per day 

J 75.00 Mess Hall p er day 



(ii) Singletary Lake State Park 



Weekly Only 
$ 375.00 
I 375.00 
i 425.00 
Daily 



I 
S 



95.00 
40.00 
75.00 



June thru August 

Camp Crabtree 

Camp Whispering Pines 

Camp Lapihio 

April. May. Sept.. Oct. 

Camp Ipecac or Loblolly 

Cabin Unit per day 

Mess Hall per day 



Weekly Only 
S 390.00 



June thru August 

Camp Ipecac or Loblolly 



(2) Cabins (not available Dec. ; Feb.) (reservation only at 
Hanging Rock State Park and Morrow Mountain State 
Park.) 



£3} SWIMMING/BATHHOUSE 

[4] BOAT RAMPS 

£5} ROWBOAT/CANOE RENTAL 

(6} PICNIC SHELTER RENTAL 
rby reservation only) 



£7} ADNflSSION FEE (Jordan and Falls only) 



£81 

(9] 

(10) 

an 

(12) 



Nov.. Dec.. Feb.. March 
Camp Loblolly available 
at Weekly or daily rates. 

J 300.00 (per week only from June to 

Labor Day) 

^ 320.00 (per week only from June to Labor 

Day, with swimming privileges) 

J 60.00 (per day ; rest of year) 

3.00 (per adult, age 13 and over) 






2.00 (per child, ages 3-12) 
4.00 (per boat) 
3.00 (for first hour) 
1.00 (for each additional hour) 
20.00 (1-2 tables) 



i 35.00 
5 50.00 



3-4 tables) 
5-8 tables) 



i 
i 






HAMMOCKS BEACH FERRY 



COMMUNITY BUILDINGS 
SPECIAL ACTIVITY PERNtIT 

CATCH AND RELEASE nSHING 

(Stone Mountain State Park) 

SUP RENTAL .VND OTHER FEES FOR THE CAROUNA BEACH STATE PARK MARINA (All slip rental 
fees shall be paid in full at the time the lease is executed.) 
(a) Transient, ovemi^t dockage (no longer than 5 16. (X) 

14 consecutive days in any 30 day period.) 



75.00 (9-12 tables) 
4.(X) (per car) 

3.00 (per car-senior citizens 62 or older) 
10.00 (per bus) 
30.00 (for 10 daily passes) 
2.00 (per adult, age 13 and over) 
1.00 (per child, ages 6-12) 
J 125.00 (per day includes 20 car passes 
uhere appropriate) 

5 25.00 (permit fee plus any additional 
appropriate charges) 
J 12. (X) per day per section 



1590 



NORTH CAROLINA REGISTER 



January 15, 1997 



11:20 



APPROVED RULES 



(h) Slip Rental (Fees charged according to term 



(cl Six 



£d} 



m 



of lease and vessel size.) 






25 feet and smaller 




$ 150.00 


26 feet to 35 feet 




$ 226.00 


36 feet to 42 feet 




$ 263.00 


43 feet to 45 feet 




$ 300.00 


Six month lease 






(runs 183 days from date 


executed) 




25 feet and smaller 




$ 720.00 


26 to 35 feet 




$ 1080.00 


36 to 42 feet 




$ 1260.00 


43 feet to 45 feet 




$ 1440.00 


Twelve month lease 






(runs 365 davs from date 


executed) 




25 feet and smaller 




$ 1080.00 


26 to 35 feet 




$ 1620.00 


36 feet to 42 feet 




$ 1890.00 


43 feet to 45 feet 




$2160.00 


Boat Launching Fee 




$ 4.00 


Holding Tank Pump Out 




$ 10.00 


Battery Charging Service 




$ 3.00 



History Note: 



Authority G.S. 1 13-35 (b); 
Eff. April 1. 1997. 



CHAPTER 18 - ENVIRONMENTAL HEALTH 

SUBCHAPTER 18A - SANITATION 

SECTION .0100 - HANDLING: PACKING: 

REPACKING: AND SHIPPING OF 

CRUSTACEA AND CRUSTACEA MEAT 

.0173 REPACKING 

(a) Crustacea meat for repacking oholl b e which is 
processed in ft North Carolina crustacoa — facility shall 
pormittod in oomplionoo comply with Rules .0134 through 
.01 8 2 .0187 of this Section. Crustacea meat for repacking 
which is processed outside of North Carolina shall comply 
with Rule .0182 of this Section. Quarterly bacteriological 
reports shaU be provided to the Division by the repacker of 
all foreign Crustacea meat for repacking. 

(b) The repacker shall have a written agroomont with 
each facilit)' which providoo cruatncoa moat for ropacldng. 
Tho Division shall bo provided a copy of thia written 
agr ee ment provide the Division a current written list of all 
sources of Crustacea meat used for repacking . 

(c) Crustacea meat for repacking shall bo repacked within 
'1 8 hours of the original packing. 

(d) Cruotaooa m e at for r e packing ohall be in oomplianoo 
with tho following: 

{43 Packed in original containor or in a single sop i 'ice 

container labeled "For Repacking Only"; 

(3) Identified — with original paokor'o — oertifioation 

numb e r and cod e dat e ; and 

(3) Iced and cooled to 10° F ( 4 . 4 ° C) or below 

within tv i 'o hours of receipt in pacldng room. 



( e ) Shipping of oruotao e a m e at for r e packing shall b e in 
oompliano e with the following: 

(4) Vehicles used to transport cruatacoa meat for 

repackin g — shall — be mechanically — refrigerated, 

e noloDod, tightly oontrtruoted and e quipp e d with an 

op e rating th e rmom e t e r. 
(3) Crustacea meat for repacking shall bo stored and 

transported between 33° F (0.5° C) and 4 0° F 

('1. 4° C). 
(3) Th e Interior ahipplng compartm e nt of th e v e hicl e 

shall be cleaned prior to shipment of cruatacea 

moat for ropacki flgi- 
(4^ Th e shipment ahall oonoiat only of proo e oo e d and 

packag e d orustao e a m e at. 
(5) Vohioles shall be approved as port of the facilitj i ' 

certification. 
(c) (^ Repacking of Crustacea meat: 

(1) Crustacea meat shall not exceed 45° F (7.1° C) 
during the repacking process. 

(2) Repacking shall be conducted separately by time 
or space from the routine Crustacea meat picking 
and packing process. 

(3) The food contact surfaces and utensils utilized in 
the repacking process shall be cleaned and 
sanitized prior to repacking and thereafter on 30 
minute mtervals during repacking. 

(4) Repacked Crustacea meat shall be maintained at or 
below betvyoon 33° F (0.5° C) and 40° F (4.4° 
C). 

(5) Blending or combining of any of the following 
shall be prohibited: 

(A) Fresh Crustacea meat. 



11:20 



NORTH CAROLINA REGISTER 



January 15, 1997 



1591 



APPROVED RULES 



(6) 



(7) 



(B) Frozen Crustacea meat. 

(C) Pasteurized Crustacea meat. 

(D) Crustacea meat packed in another facility. 
Crustacea meat shall not be repacked more than 
one time. 

All empty containers shall be rendered unusable. 



(d) (g) Labeling of repacked Crustacea meat: 

(1) Each container shall be legibly embossed, 
Impressed or lithographed with the repacker's or 
the distributor's name and address. 

(2) Each container shall be legibly embossed, 
impressed or lithographed with the repacker's 
certification number followed by the letters "RP. " 

(3) Each container shall be permanently and legibly 
identified with a code indicating the repack date. 

(4) Each container shall be sealed so that tampering 
can be detected. 

(5) Each container of thawed Crustacea meat which 
has been repacked shall be labeled as "Previously 
Frozen" or equivalent. 

(6) Each container of pasteurized Crustacea meat 
which has been repacked shall be labeled as 
"Previously Pasteurized" or equivalent. 

(7) Each container of foreign Crustacea meat which 
has been repacked shall be labeled in accordance 
with Federal labeling requirements. 

(e) fh) Repacked Crustacea meat shall meet 
bacteriological and contamination standards in Rule .0182 of 
this Section. 

if} ^ Records shall be kept for all purchases of Crustacea 
meat for repacking and sales of repacked meat for one year. 
The records shall be available for inspection by the 
Division. 

History Note: Authority G.S. 130A-230; 
Ejf. October 1, 1992; 
Amended Ejf. April L 1997 . 

SECTION .0300 - SANITATION OF SHELLFISH - 
GENERAL 

.0302 PERMTTS 

(a) No person shall operate any of the following facilities 
without a permit issued by the Division: 

(1) Depuration facilities; 

(2) Shellstock plants; 

(3) Shucking and packing plants; 
{4) Wet storage areas; 

(4) {&) Repacking plants. 

(b) No person shall operate as a shellstock dealer without 
a permit issued by the Division. 

(c) A permit may be issued to a reshipper when required 
for out of state shipment. 

(d) Approval for wet storage of shellstock shall be 
granted only to persons permitted pursuant to this Rule. 

(e) fd) Application for a permit shall be submitted in 
writing to the Division at the Shellfish Sanitation Office, 



Fisheries Building, Arendell Street, Morehead City, North 
Carolina, 28557. Application forms are available from the 
Division. 

(f) ^ No permit shall be issued by the Division until an 
inspection shows that the facilities and equipment comply 
with all applicable rules of this Subchapter. 

(g) (f) All permits shall be posted in a conspicuous place 
in the facilities. All permits shall expire on April 30 of 
each year. 

(h) fg) Plans and specifications for proposed new 
construction or remodeling shall be submitted to the 
Division for review and approval. 

(i} (b) A permit may be revoked or suspended pursuant 
to G.S. 130A-23. 

History Note: Authority G. S. 130A-230; 

Eff. February 1, 1987; 
Amended Eff. April L, 1997 . 

SECTION .0600 - OPERATION OF SHELLHSH 

SHUCKING AND PACKING PLANTS AND 

REPACKING PLANTS 

.0617 SHIPPING 

(a) Shucked shellfish shall be stored and shipped at 
t e mp e ratures b e Uv ee n 32° — 10°F (0° — 1°C). 40° F (4° C) 
or below. 

(b) Shipments shall be tagged or labeled to show the 
name and address of the consignee, the name and address of 
the shipper, the name of the state or territory of origin, and 
the permit number of the shipper. 

History Note: Authority G.S. 130A-230; 
Ejf. February 1, 1987; 
Amended Eff. April 1. 1997. 



TFTLE 16 - DEPARTMENT OF PUBLIC 
EDUCATION 

CHAPTER 7 - NORTH CAROLINA STANDARDS 

BOARD FOR PUBLIC SCHOOL 

ADMINISTRATION 

SECTION .0100 - CERTIFICATION 

.0101 DEFINmONS 

(a) Charter School. ; A public charter school approved 
by the SEE within an LEA: 

(1) consisting of at least 65 students and at least 3 
teachers; 

(2) operated by a private nonprofit corporation which 
is nonsectarian in its programs, admission 
policies, employment practices, and all other 
operations and which does not charge tuition; and 

(3) meets student performance standards adopted by 
the SBE. 



1592 



NORTH CAROLINA REGISTER 



January 15, 1997 



11:20 



APPROVED RULES 



m 

system: 

m 



IHE. z Institution of Higher Education. 

LEA. ; Local Education Agency. 

NCAC. z North Carolina Administrative Code. 

SBE. - The North Carolina State Board of Education. 

School, z An organizational subdivision of a school 



(2} 
(3} 

£4} 



consisting of 100 or more students in average 
daily membership (ADM), or staffed by a 
minimum seven full-time teachers (or the 
equivalent): 

composed of one or more grade groups: 
organized as one unit with an assigned principal, 
or person acting in the capacity of a principal; and 
housed in a school plant of one or more buildings. 



History Note: Authority G.S. 1 15C-290. 5 (a)(6). ■ 
Eff. January 1. 1998. 

.0102 GENERAL INFORMATION 

(a) An applicant to the Standards Board shall provide a 
statement from the dean, de partment chair, or person 
designated by the dean or department chair, of the approved 
IHE where preparation was completed that the individual 
has satisfied the educational requirements of G.S. 1 15C- 
290.7(a')(3'>. 

fb) The Standards Board shall evaluates each application 
and its supporting documentation and shall notify each 
applicant of the action it takes. 

History Note: Authority G.S. 115C-290. 5 (a)(6), 
Eff. January 1. 1998. 

.0103 EXEMPTIONS FROM CERTIFICATION 



REQUIREMENTS OF THE STANDARDS 
BOARD 

The following shall fulfill the condition of having been 
"engaged in school administration" pursuant to G.S. 1 15C- 
290.8: 

employment, in any position included in the 



m 



definition of school administrator provided in 
G.S. 115C-290.2(3). in an^ of the following 
institutions: 



(al 

(b) 



£d} 



a public school or LEA in North Carolina. 
a public charter school in North Carolina. 
a pre-K-12 school in North Carolina 
operated by the State Department of 



Human Resources. 
a 



pre-K- 1 2 school Ln North Carolina 
operated by the State Department of 
Correction. 

(e) a pre-K-12 school in North Carolina 
operated by the United States Government. 

(f) a non-public pre-K-12 school or group of 
schools in North Carolina accredited by the 
National Council For : Private School 
Accreditation or die International Christian 
Accrediting Association. 

£2} employment in a public school supervisor's or 
director's posifion in which there is a major 
responsibility to teach or directly supervise 



teaching. 

History Note: Authority G.S. 
Eff. January 1. 1998. 



115C-290. 5 (a)(6); 



TITLE 21 - OCCUPATIONAL LICENSING BOARDS 

CHAPTER 58 - REAL ESTATE COMMISSION 

SUBCHAPTER 58A - REAL ESTATE BROKERS AND SALESMEN 

SECTION .0100 - GENERAL BROKERAGE 

.0104 AGENCY AGREEMENTS AND DISCLOSURE 

(a) Every listing agreement, buyer agency agreement or other agreement for brokerage services in a real estate sales 
transaction shall be in writing, shall provide for its existence for a definite f>eriod of time and shall provide for its termination 
without prior notice at the expiration of that period. 

(b) Every listing agreement, buyer agency agreement or other agreement for brokerage services in a real estate sales 
transaction shall contain the following provision: The broker shall conduct all his brokerage activities in regard to this 
agreement without respect to the race, color, religion, sex, national origin, handicap or familial status of any buyer, 
prospective buyer, seller or prospective seller. The provision shall be set forth in a clear and conspicuous manner which 
shall distinguish it from other provisions of the agreement. For the purposes of this Rule, the term, familial status, shall 
be defined as it is in G.S. 41A-3(lb). 

(c) Every listing agreement, buyer agency agreement or other agreement for brokerage services in a real estate sales 
transaction shall incorporate the "Description of Agent Duties and Relationships" prescribed by the Commission which shall 
be set forth in a clear and conspicuous manner and shall not include or be accompanied by any additional text which 
contradicts its meaning and substance. The "Description of Agent Dufies and Relationships" shall read as follows: 



11:20 



NORTH CAROLINA REGISTER 



January 15, 1997 



1593 



APPROVED RULES 



DESCRIPTION OF AGENT DUTIES AND RELATIONSHIPS 

Before you begin working with any real estate agent, you should know who the agent represents in the transaction. Every listing agreement, 
buyer agency agreement or other agreement for brokerage services in a real estate sales transaction in North Carolina must contain this "Description 
of Agent Duties and Relationships" {N.C. Real Estate Commission Rule 21 NCAC 58A .0104(c), eff. 7/1/95]. Real estate agents should carefully 
review this information with you prior to entering into any agency agreement. 

AGENTS' DUTIES 

When you contract with a real estate firm to act as your agent in a real estate transaction, the agent must help you obtain the best price and terms 
possible , whether you are the buyer or seller. The agent also owes you the duty to: 



• Safeguard and account for any money handled for you 

• Be loyal and follow reasonable and lawful instructions 

• Act with reasonable skill, care and diligence 

• Disclose to you any information which might influence your desicision to buy or sell 



Even if the agent does not represent you, the agent must still be fair and honest and disclose to you all "material facts" which the agent knows 
or reasonably should know. A fact is "material" if it relates to defects or other conditions affecting the property, or if it may influence your 
decision to buy or sell. This does not require a seller's agent to disclose to the buyer the minimum amount the seller will accept, nor does it require 
a buyer 's agent to disclose to the seller the maximum price the buyer will pay. 

AGENTS WORKING WITH SELLERS 

A seller can enter into a "listing agreement" with a real estate firm authorizing the firm and its agent(s) to represent the seller in finding a buyer 
for his property. The listing agreement should state what the seller will pay the listing firm for its services, and it may require the seller to pay 
the firm no matter who finds the buyer. 

The listing firm may belong to a listing service to expose the seller's property to other agents who are members of the service. Some of those 
agents may be working with buyers as buyers' agents; others will be working with buyers but still representing the sellers' interests as a agent 
or "subagent." When the buyer's agents and seller's subagents desire to share in the commission the seller pays to the listing fum, the listing agent 
may share the commission with the seller's permission. 

AGENTS WORKING WITH BUYERS 

A buyer may contract with an agent or fuin to represent him (as a buyer's agent), or may work with an agent or firm that represents the seller 
(as a seller's agent or subagent). All parties in the transaction should fmd out at the beginning who the agent working with the buyer represents. 

If a buyer wants a buyer's agent to represent him in purchasing a property, the buyer should enter into a "buyer agency agreement" with the agent. 
The buyer agency agreement should state how the buyer's agent will be paid. Unless some Other arrangement is made which is satisfactory 
to the parties, the buyer's agent will be paid by the buyer. Many buyer agency agreements will also obligate the buyer to pay the buyer's agent 
no matter who finds the property that the buyer purchases. 

A buyer may decide to work with a firm that is acting as agent for the seller (a seller's agent or subagent). If a buyer does not enter into a buyer 
agency agreement with the firm that shows him properties, that fum and its agents will show the buyer properties as an agent or subagent working 
on the seller's behalf. Such a firm represents the seller (not the buyer) and must disclose that fact to the buyer. 

A seller's agent or subagent must still treat the buyer fairly and honestly and disclose to the buyer all material facts which the agent knows or 
reasonably should know. The seller's agent typically will be paid by the seller. If the agent is acting as agent for the seller, the buyer should 
be careful not to give the agent any information that the buyer does not want the seller to know. 

DUAL AGENTS 

A real estate agent or firm may represent more than one party in the same transaction only with the knowledge and consent of all parties for whom 
the agent acts. "Dual Agency" is most likely to occur when a buyer represented by a buyer's agent wants to purchase a property listed by that 
agent's firm. A dual agent must carefully explain to each party that the agent and the agent's firm are also acting for the other party. 

In any dual agency situation, the agent must obtain a written agreement from the parties which fully describes the obligations of the agent and the 
agent's firm to each of them. 

Immediately after the "Description of Agent Duties and Relationships", every listing and buyer agency agreement shall contain the following 
provision, including a box which the agent shall check when the provision is applicable: " D This firm represents both sellers and buyers. This 
means that it is possible that a buyer we represent will want to purchase a property owned by a seller we represent. When that occurs, the agent 
and firm listed above will act as dual agents if all parties agree." 



1594 NORTH CAROLINA REGISTER January 15, 1997 11:20 



APPROVED RULES 



(d) A broker or brokerage firm representing one party in a transaction shall not undertake to represent another party in 
the transaction without the express, written authority of each party. 

(e) In every real estate sales transaction, a broker or salesman working directly with a prospective buyer as a seller's agent 
or subagent shall disclose to the prospective buyer at the first substantial contact with the prospective buyer that the broker 
or salesman represents the interests of the seller. The broker or salesman shall make the disclosure on the "Disclosure to 
Buyer from Seller's Agent or Subagent" form prescribed by the Commission. If the first substantial contact occurs by 
telephone or by means of other electronic communication where it is not practical to provide written disclosure, the broker 
or salesman shall inunediately disclose by similar means whom he represents and shall immediately, but in no event later 
than three days from the date of first substantial contact, mail or otherwise transmit a copy of the form to the buyer. 

(f) In every real estate sales transaction, a broker or salesman representing a buyer shall, at the initial contact with the 
seller or seller's agent, disclose to the seller or seller's agent that the broker or salesman represents the buyer's interests. 
In addition, in every real estate sales transaction other than auctions, the broker or salesman shall, no later than the time of 
deUvery of an offer to the seller or seller's agent, provide the seller or seller's agent with a written confirmation disclosing 
that he represents the interests of the buyer. The written confirmation may be made in the buyer's offer to purchase. 

(g) The provisions of Paragraphs (c), (d) and (e) of this Rule shall not apply to real estate licensees representing sellers 
in auction sales transactions. 

(h) A broker or salesman representing a buyer in an auction sale transaction shall, no later than the time of execution of 
a written agreement memorializing the buyer's contract to purchase, provide the seller or seller's agent with a written 
confirmation disclosing that he represents the interests of the buyer. The written confirmation may be made in the written 
agreement. 

(i) A firm which represents both the buyer and the seller in the same real estate sales transaction is a dual agent and 
through the brokers and salesmen associated with the firm shall disclose its dual agency to the buyer and seller. 

(j) When a firm represents both the buyer and seller in the same real estate sales transaction, the firm may, with the prior 
written a pproval of its buyer and seller clients, designate one or more individual brokers or salesmen associated with the firm 
to represent only the interests of the seller and one or more other individual brokers and salesmen associated with the firm 
to represent only the interests of the buyer in the transaction. An individual broker or salesman shall not be so designated 
and shall not undertake to represent only the interests of one party if the broker or salesman has actually received confidential 
informatio n concerning the other party in connection with the transaction. A broker-in-charge shall not act as a designated 
agent for a party in a real estate sales transaction when a salesman under his supervision will act as a designated agent for 
another party with a competing interest. 

(k) When a firm acting as a dual agent desipiates an individual broker or salesman to represent the seller, the broker or 
salesman so designated shall represent only the interest of the seller and shall not, without the seller's permission, disclose 
to the buyer or a broker or salesman designated to represent the buyer: 

(\) that the seller may agree to a price, terms, or any conditions of sale other than those established by the seller: 

(2) the seller's motivation for engaging in the transaction unless disclosure is otherwise required by statute or rule: 
and 

(3) any information about the seller which the seller has identified as confidential unless disclosure of the information 
is otherwise required by statute or rule. 

(1} When a firm acting as a dual agent designates an individual broker or salesman to represent the buyer, the broker or 
the salesman so designated shall represent only the interest of the buyer and shall not, without the buyer's permission, 
disclose to the seller or a broker or salesman designated to represent the seller: 

(1) that the buyer may agree to a price, terms, or any conditions of sale other than those offered by the buyer: 

(2) the buyer's motivation for engaging in the transaction unless disclosure is otherwise required by statute or rule: 
and 

(3) any Information about the buyer which the buyer has identified as confidential unless disclosure of the information 
is otherwise required by statute or rule . 

£jn) A broker or salesman designated to represent a buyer or seller in accordance with Paragraph (h) of this Rule shall 
disclose the identity of all of the brokers and salesmen so designated to both the buyer and the seller. The disclosure shall 
take place no later than the presentation of the first offer to purchase or sell. 

(n) When an individual broker or salesman represents both the buyer and seller in the same real estate sales transaction 
pursuant to a written agreement authorizing dual agency, the parties may provide in the written agreement that the broker 
or salesman shall not disclose the following information about one party to the other without permission from the party about 
whom the information pertains: 

(U that a party may agree to a price, terms or any conditions of sale other than those offered: 

(2) the motivation of a party for engaging in the transaction, unless disclosure is otherwise required by statute or rule: 
and 

(3) any information about a party which that party has identified as confidential, unless disclosure is otherwise required 



11:20 NORTH CAROLINA REGISTER January 15, 1997 1595 



APPROVED RULES 



by statute or rule. 

History Note: Authority G.S. 41A-3(lb); 93A-3(c); 
Eff. February 1, 1976; 
Readopted Eff. September 30, 1977; 
Amended Eff. Ml L 1997; August 1, 1996; July 1, 1995; July 1, 1993; July 1, 1989. 



CHAPTER 60 - BOARD OF REFRIGERATION 
EXAMINERS 

SECTION .0300 - LICENSES AND FEES 

.0314 USE OF LICENSE 

(a) The licensed contractor shall not permit the use of his 
license by any other person. 

(b) All refrigeration contracting business, including all 
business advertising and the submission of all documents 
and papers by a licensee of the Board shall be conducted in 
the exact name in which the refrigeration contracting license 
is issued. 

(c) Should a licensee terminate his relationship from a 
company in which his license is issued, work begun prior to 
such termination may be completed under such conditions as 
the Board shall direct subject to the following conditions 
deemed applicable by the Board under the unique facts and 
circumstances of each instance: 

(1) the percentage of the project completed: 

(2) the time that may elapse before another licensee 
can be employed for the project; 

(3) the size and complexity of the project; 

(4) the experience and qualifications of remaining 
personnel; 

(5) any prior disciplinary record the company 
inyolved licensees has with the Board; 

(6) the financial accountability of the Firm; 

(7) whether or not the remaining firm has any other 
occupational licenses. 

Howeyer. no work for which a license is required under 
G.S. 87-58 may be bid for, contracted for or initiated prior 
to said company obtaining a license. 

History Note: Authority G.S. 87-54; 87-57; 

Eff. December 1, 1993; 

Amended Eff. April L 1997; August 1, 1995. 



TITLE 26 - OFnCE OF ADMINISTRATIVE 
HEARINGS 

CHAPTER 2 - RULES DIVISION 

SUBCHAPTER 2C - SUBMISSION PROCEDURES 

FOR RULES AND OTHER DOCUMENTS 

TO BE PUBLISHED IN THE NORTH CAROLINA 

REGISTER AND THE NORTH CAROLINA 

ADMINISTRATIVE CODE 



SECTION .0100 - GENERAL 

.0103 ORIGINAL AND DUPLICATE COPY 

(a) The agency shall submit an original and one copy of 
any document and form for publication in the Register or 
Code. 

(b) The agency shall include an additional copy of the 
rule and a copy of the fiscal note and attachments with any 
permanent rule that is submitted to the Commission. 

(c) The original and form shall each be permanently 
marked as the original. 

Note: Rules Review Commission requests that documents 
be submitted in the following order: 

(1) the original submission form; 

(2} the agency return copy of the submission form, if 
any; 

(3) (3) the copy or oopioB of the submission form; 

{4} (^ the original of the rule; 

(5) (4) the copy, highlighted if required by Rule 
.0405 of this Subchapter; 

(6) (5) the agency return copy of the rule, if any; 

(7) the copy of the fiscal note and attachments; 

(8) f6) the remaining copy for RRC. 

History Note: Authority G.S. 150B-21.17; 150B-21.18; 

150B-21. 19; 

Temporary Adoption Eff. November 1, 1995; 

Eff. April 1, 1996; 

Amended Eff. April 1. 1997. 

SECTION .0300 - THE NORTH CAROLINA 
REGISTER 

.0307 OTHER NOTICES FOR PUBLICATION 

(a) QAH may publish any document or notice that is not 
statutorily required if an agency submits a written request- 
Factors QAH shall use in determining whether to grant the 
request are: 

(1) degree of disruption to QAH publication and work 
schedule; and 

(2) degree of benefit to the public. 

(b) QAH shall charge the agency thirty dollars ($30.00) 
per published page. 



History Note: Authority 
19(5)(a); 1503-21.25; 
Eff. April 1. 1997 . 



G.S. 1508-21.17(6); 150B- 



SECTION .0400 - NORTH CAROLESfA 
ADMINISTRATIVE CODE 



1596 



NORTH CAROLINA REGISTER 



January 15, 1997 



11:20 



APPROVED RULES 



.0401 SCOPE 

(a) The rules in this Section set forth the requirements 
for submitting rules for inclusion in the Code. The agency 
shall also comply with the requirements in Sections .0100 - 
.0200 of this Subchapter. 

(b) These Rules apply to agencies subject to G.S. 150B. 
Article 2 A, as well as those agencies subject to G.S. 150B- 
21.21(a) and (b). 

History Note: Authority G.S. 150B-21.17; 150B-21.18; 

150B-21.19; 

Eff. April 1, 1996; 

Amended Eff. April 1. 1997. 

SECTION .0500 - TEMPORARY RULES 



and copy (Rule .0503 of this Section). 

(2) An original and copies of the temporary rule 
(Rule .0103 of this Subchapter) prepared in 
accordance with Rule .0108 of this Subchapter, 
containing: 

(a) an introductory statement (Rule .0404 of 
this Subchapter); 

(b) the body of the rule (Rule .0405 of this 
Subchapter); 

(c) the history note (Rule .0406 of this 
Subchapter). 

(3) A return copy, if desired (Rule .0104 of this 
Subchapter). 

(4) An original Notice of Text or Notice of Text and 
Hearifljg form with copy if publication in the 
Register shall serye as Notice of Text. 



.0502 PUBLICATION OF A TEMPORARY RULE 

The agency shall submit a temporary rule for review by 
OAH and publication in the Code with the following: 
(1) An original Temporary Rule Certification form 



History Note: Authority G.S. 1508-21.19; 
Temporary Adoption Ejf. November 1, 1995; 
Eff. April 1, 1996; 
Amended Eff. April 1. 1997. 



11:20 



NORTH CAROLINA REGISTER 



January 15, 1997 



1597 



LIST OF RULES CODIFIED 



T 

A. he List of Rules Codified is a listing of rules that were filed with OAH in the month indicated and have been 


entered into the Code. 




K.ey: 




Citation = Title 


, Chapter, Subchapter and Rule(s) 


AD 


= Adopt 


AM 


= Amend 


RP 


= Repeal 


With Chgs 


= Final text differs from proposed text 


Con- 


= Typographical errors or changes that requires no rulemaking 


Temp. 


= Rule was filed as a temporary rule 


Eff. Date 


= Date rule becomes effective 



TITLE 


DEPARTMENT 


1 


Administration 


7 


Cultural Resources 


10 


Human Resources 


11 


Insurance 



NORTH CAROLINA ADMINISTRATIVE CODE 
DECEMBER 96 

TITLE DEPARTMENT 

15A Environment,' Health, 

and Natural Resources 
19A Transportation 









RP 


WITH 
CHGS 


CORK 


TC\a' 


EFretTiVE 
DATE 






AM 






1 NCAC 39 .0101 




/ 










01/01/97 


.0201 




/ 










01/01/97 


7 NCAC 5 .0203 




/ 








/ 


01/01/97 


10 NCAC 3B .1001 -.1002 


/ 










/ 


12/20/96 


3R .3103 




/ 










01/01/97 


26B .0123 




/ 








/ 


01/09/97 


26H .0506 




/ 








/ 


01/09/97 


41P .0001 - .0013 
recodified to 

41P .0101 -.0113 














12/06/96 


.0102 




/ 










01/01/97 


.0105 




/ 










01/01/97 


49A .0001 - .0003 
recodified to 

49A .0101 - .0103 














01/01/97 


11 NCAC 6B .0101 - .0107 






/ 








01/01/97 


15A NCAC IM .0101 - .0102 






/ 






/ 


01/07/97 


.0201 - .0202 






/ 






/ 


01/07/97 





isn 



NORTH CAROLINA REGISTER 



January 15, 1997 



11:20 



LIST OF RULES CODIFIED 









RDIE CITATICMS 


AD 


AM 


RP 


WTTH 
CBG8 


CORK 


TEMP 


DATS 


15A NCAC IM .0301 - .0306 






/ 






/ 


01/07/97 


31 .0001 - .0019 
recodified to 

31 .0101 - .0119 














12/17/96 


3R .0001 -.0011 
recodified to 

3R .0101 -.0111 














12/17/96 


6E .0001 - .0008 
recodified to 

6E .0101 - .0108 














12/20/96 


7H .0305 




/ 




/ 






01/01/97 


8F .0101 - .0102 


/ 










/ 


01/07/97 


.0201 - .0203 


/ 










/ 


01/07/97 


.0301 


/ 










/ 


01/07/97 


.0401 - .0407 


/ 










• 


01/07/97 


.0501 - .0506 


/ 










/ 


01/07/97 


13A .0001 - .0019 
recodified to 

13A .0101 - .0119 














12/20/96 


18A .1937 -.1938 




/ 








/ 


01/20/97 


.1958 




/ 








/ 


01/20/97 


.1961 




/ 








/ 


01/20/97 


19A NCAC 3E .0401 




/ 










04/30/97 


.0510 




• 










04/30/97 



11:20 



NORTH CAROLINA REGISTER 



January 15, 1997 



1599 



LIST OF RULES CODIFIED 



T 

A. he following is a list of rules approved by the Rules Review Commission from May 1996 through December 1996. 


These rules are pending 


review during the 1997 Regular Session of the General Assembly to convene on January 29, 


1997. Statutory Reference G.S. 150B-21.3(h). 


A^ 




Citation 


= Title, Chapter, Subchapter and Rule(s) 


AD 


= Adopt 


AM 


= Amend 


RP 


= Repeal 


With Chgs 


= Final te.xt differs from proposed text 


Corr 


= Typographical errors or changes that requires no rulemaking 


Temp. 


= Rule was filed as a temporary rule 


Eff. Date 


= Date rule becomes effective 



APPROVED RULES 
PENDING LEGISLATIVE SESSION 



TITLE 


DEPARTMENT 


2 


Agriculture 


4 


Commerce 


7 


Cultural Resources 


10 


Human Resources 


11 


Insurance 


15A 


Environment. Health, 




and Natural Resources 


16 


Public Education 


17 


Revenue 



JANUARY 1997 




TITLE 


DEPARTMENT 


19A 


Transportation 


21 


Occupational Licensing Boards 




12 - General Contractors 




58 - Real Estate Commission 




60 - Refrigeration Examiners 




63 - Certification Board for Social Work 




69 - Soil Scientists 


23 


Community Colleges 


26 


Administrative Hearings 



RLlf CirATIO.V 


AD 


AM 


RP 


WilH 
CHGS 


CDRR 


TEVIP 


DATE 


2 NCAC 9C .0701 - .0702 




/ 










03/02/97 


.0704 






/ 








03/02/97 


48A .1103 




/ 




/ 






03/02/97 


.1110 




/ 




/ 






03/02/97 


48B .0112 




/ 










03/02/97 


.0114 




/ 










03/02/97 


.0119 




/ 










03/02/97 


.0120 




/ 




/ 






03/02/Q7 


52B .0201 




/ 










03/02/97 


4 NCAC 12C .0007 






/ 








04/01/97 


7 NCAC 5 ,0202 - .0203 




/ 










04/01/97 


7 NCAC 5 .0204 






/ 








04/01/97 





1600 



NORTH CAROLINA REGISTER 



January 15, 1997 



11:20 



LIST OF RULES CODIFIED 





RUIB CITATION 


AD 


AM 


RP 


WITH 
CHG8 


CORK 




EFFECTIVE 


•reMP 


DATE 


.0207 




/ 










04/01/97 


10 NCAC 3R .3001 




/ 




/ 






04/01/97 


.3010 




/ 










04/01/97 


.3020 




/ 




/ 






04/01/97 


.3032 




/ 




• 






04/01/97 


.3040 




/ 




• 






04/01/97 


.3050 




/ 




/ 






04/01/97 


3U .0102 




/ 




/ 






04/01/97 


.0704 




/ 




/ 






04/01/97 


.0710 




/ 




/ 






04/01/97 


.2701 - .2704 


/ 






/ 






04/01/97 


20B .0204 - .0205 




/ 




/ 






04/01/97 


.0206 




/ 










04/01/97 


.0208 - .0210 




/ 










04/01/97 


.0214 




/ 










04/01/97 


.0218 




/ 




/ 






04/01/97 


.0222 




/ 




/ 






04/01/97 


.0224 




/ 










04/01/97 


.0226 - .0227 




/ 










04/01/97 


20C .0603 




/ 










04/01/97 


20D .0204 




/ 




/ 






07/01/97 


26H .0602 




/ 










03/01/97 


41F .0705 




/ 




/ 






07/01/97 


.0706 






/ 








04/01/97 


.0707 


/ 






/ 






04/01/97 


.0812 






/ 








04/01/97 


.0813 - .0814 


/ 






/ 






04/01/97 


41P .0102 




/ 




/ 






04/01/97 


.0105 




/ 




/ 






04/01/97 


.0106 




/ 




/ 






04/01/97 


.0108 - .0112 




/ 




/ 






04/01/97 


10 NCAC 41P .0113 


/ 






/ 






04/01/97 





ii:20 



NORTH CAROUNA REGISTER 



January 15, 1997 



1601 



LIST OF RULES CODIFIED 





RULE CITATION 


AD 


AM 


RP 


WTTH 

CHGS 


CORR 


TEMP 


EFTECIIVE 
DATE 


42A .0701 


/ 












04/01/97 


.0702 


/ 






/ 






04/01/97 


.0703 


/ 






/ 






04/01/97 


42B .1209 






/ 








05/01/97 


.1210 - .1211 


/ 






/ 






05/01/97 


.2402 - .2405 


/ 












05/01/97 


42C .2010 






/ 








05/01/97 


.2011 - .2012 


/ 






/ 






05/01/97 


.3701 


/ 












05/01/97 


.3702 - .3703 


/ 












05/01/97 


.3704 


/ 












05/01/97 


42D .1409 






/ 








05/01/97 


.1410 - .1411 


/ 






/ 






05/01/97 


.1827 - .1830 


/ 












05/01/97 


42V .0201 




/ 




/ 






04/01/97 


.0802 - .0803 




/ 




/ 






04/01/97 


49A .0102 




/ 










04/01/97 


49B .0202 




/ 




/ 






04/01/97 


.0310 




/ 




/ 






04/01/97 


.0502 














04/01/97 


11 


NCAC 12 .0551 




/ 




/ 






04/01/97 


16 .0703 




/ 










04/01/97 


15A 


NCAC 2B .0229 


/ 






/ 






04/01/97 


.0237 


^ 






/ 






04/01/97 


.0315 




/ 




/ 






04/01/97 


2D .0518 




/ 










04/01/97 


.0524 




/ 




/ 






04/01/97 


.0530 




/ 










07/01/97 


.0902 




/ 










04/01/97 


.0907 






/ 








04/01/97 


.0909 




/ 










04/01/97 


15A 


NCAC 2D .0910 -.0911 






/ 








04/01/97 





i(J02 



NORTH CAROLINA REGISTER 



January 15, 1997 



11:20 



LIST OF RULES CODIFIED 





RULE CITATKMS 


AD 


AM 


RP 


WITH 
CHGS 


€ORR 


TEMP 


EFFECTIVE 
DATE 






.0946 






/ 








04/01/97 


.0954 




• 




/ 






04/01/97 


.1110 




/ 




/ 






07/01/97 


.1111 




/ 




/ 






04/01/97 


. 1402 - . 1403 




/ 










04/01/97 


2Q .0102 




/ 




/ 






07/01/97 


.0104 




/ 




/ 






07/01/97 


.0107 




/ 










07/01/97 


.0507 




/ 










07/01/97 


.0512 




/ 










07/01/97 


.0514 - .0515 




• 










07/01/97 


.0517 




/ 










07/01/97 


31 .0101 




/ 




/ 






04/01/97 


.0105 




/ 




/ 






04/01/97 


3L .0201 




• 




/ 






04/01/97 


3M .0202 




• 










04/01/97 


.0503 




/ 










04/01/97 


.0504 




/ 




/ 






04/01/97 


.0506 




/ 










04/01/97 


.0511 




/ 




/ 






04/01/97 


3R .0106 - .0107 




/ 










04/01/97 


6E .0102 - .0103 




/ 










04/01/97 


7H .0104 




/ 




/ 






04/01/97 


.0304 




/ 




/ 






04/01/97 


7J .0102 




/ 










04/01/97 


lOB .0106 




/ 




/ 






07/01/97 


.0113 




/ 




/ 






07/01/97 


.0115 




/ 










03/02/97 


.0123 




/ 










04/01/97 


.0203 




/ 




/ 






07/01/97 


.0209 




/ 










07/01/97 


15A NCAC IOC .0205 




/ 




/ 






07/01/97 





i/:20 



NORTH CAROLINA REGISTER 



January 15, 1997 



1603 







LIST OF RULES CODIFIED 
















KVUS. CITATION 


AD 


A,M 


RP 


WITH 

CHGS 


CORK 


TEMP 


UHiCnVE 
DATE 






.0305 




/ 




/ 






07/01/97 


lOD .0003 




/ 




/ 






07/01/97 


lOF .0102 - .0104 




/ 




/ 






03/01/97 


.0105 




/ 










09/01/96 


.0105 - .0107 




/ 




/ 






03/01/97 


.0109 


/ 






/ 






03/01/97 


.0303 




/ 










03/02/97 


.0305 




/ 










03/02/97 


.0307 




/ 










03/02/97 


.0310 




/ 










03/01/97 


.0310 




/ 










03/02/97 


.0348 




/ 




/ 






03/02/97 


lOG .0102 - .0103 






/ 








03/02/97 


.0202 - .0203 






/ 








03/02/97 


.0206 






/ 








03/02/97 


.0302 - .0303 






/ 








03/02/97 


.0401 


/ 












03/03/97 


.0402 - .0404 


/ 






/ 






03/02/97 


.0501 


/ 






/ 






03/02/97 


101 .0001 






/ 








03/02/97 


.0002 




/ 




/ 






04/01/97 


12B .1206 


/ 






/ 






04/01/97 


13C .0301 


/ 






/ 






04/01/97 


.0302 


/ 






/ 






04/01/97 


.0303 


/ 






/ 






04/01/97 


.0304 


/ 






/ 






04/01/97 


.0305 


/ 






/ 






04/01/97 


.0306 


/ 






/ 






04/01/97 


.0307 - .0308 


/ 






/ 






04/01/97 


18A .0136 - .0137 




/ 










04/01/97 


.0159 




/ 










04/01/97 


15A 


NCAC 18A .0169 




/ 










04/01/97 





i604 



NORTH CAROLINA REGISTER 



January 15, 1997 



11:20 



LIST OF RULES CODIFIED 



RULECITATICMS 


AD 


AM 


RP 


WITH 
CHGS 


C<XtR 


TEMP 


EFFECTIVE 
DAIi: 


.0173 




/ 




/ 






04/01/97 


.0174 - .0175 




/ 










04/01/97 


.0184 


/ 












04/01/97 


.0186 


/ 












04/01/97 


.0302 




/ 




/ 






04/01/97 


.0401 




/ 










04/01/97 


.0424 - .0425 




/ 










04/01/97 


.0615 - .0616 




/ 










04/01/97 


.0617 




/ 




/ 






04/01/97 


.0620 


/ 












04/01/97 


.1302 




/ 










04/01/97 


.1805 




/ 










04/01/97 


.2601 




/ 










04/01/97 


.2701 




/ 




/ 






04/01/97 


16 NCAC lA .0001 




/ 










04/01/97 


.0003 






/ 








04/01/97 


7 .0101 - .0103 


/ 






/ 






01/01/98 


17 NCAC IC .0504 




/ 










03/01/97 


.0506 




/ 










03/01/97 


5C .2101 




y 




/ 






04/01/97 


7B .0118 




/ 










04/01/97 


.1602 




/ 




/ 






04/01/97 


.1702 




/ 




/ 






04/01/97 


.1802 




/ 




/ 






04/01/97 


.3103 




/ 










04/01/97 


.3106 




/ 




/ 






04/01/97 


.4202 




/ 










04/01/97 


.4501 




/ 










04/01/97 


19A NCAC 2D .0425 




/ 










04/01/97 


.1101 


/ 












04/30/97 


.1102 


/ 






/ 






04/30/97 


19A NCAC 2D .1103 - .1105 


/ 






/ 






04/30/97 



il;20 



NORTH CAROLINA REGISTER 



January 15, 1997 



1605 



LIST OF RULES CODIFIED 









RULE CITATIO.N 


AD 


AM 


RP 


WITH 
CHGS 


COilR 


TCMP 


HTECnVE 

DA-re 


.1106 - .1107 


/ 












04/30/97 


.1108 


/ 






/ 






04/30/97 


.1109 - .1110 


/ 






/ 






04/30/97 


.1111 


/ 






/ 






04/30/97 


.1112 


/ 












04/30/97 


3E .0501 - .0502 




/ 




/ 






04/30/97 


.0510 




/ 




/ 






04/30/97 


.0511 




/ 




/ 






04/30/97 


.0512 - .0515 




/ 




/ 






04/30/97 


.0518 




/ 




/ 






04/30/97 


.0519 




/ 










04/30/97 


.0522 




/ 




/ 






04/30/97 


6B .0401 -.0411 


/ 












04/30/97 


.0412 


/ 






/ 






04/30/97 


.0413 - .0417 


/ 












04/30/97 


21 


NCAC 12 .0204 




/ 










04/01/97 


.0503 




/ 




/ 






04/01/97 


58A .0101 




/ 










03/01/97 


.0104 




/ 




/ 






07/01/97 


.0105 




/ 










03/01/97 


.0109 - .0110 




/ 










03/01/97 


.0503 - .0504 




/ 










03/01/97 


.1601 




/ 










03/01/97 


60 .0204 




/ 










04/01/97 


.0207 




/ 




/ 






04/01/97 


.0314 




/ 




/ 






04/01/97 


63 .0306 




/ 




/ 






04/01/97 


69 .0101 


/ 












04/01/97 


.0102 


/ 






/ 






04/01/97 


.0103 - .0104 


/ 












04/01/97 


.0201 


/ 






/ 






04/01/97 


21 


NCAC 69 .0202 


/ 












04/01/97 





i(iO(i 



NORTH CAROLINA REGISTER 



January 15, 1997 



11:20 



LIST OF RULES CODIFIED 





















WI'IH 


CORK 


■reMP 


EFFECTIVE 

DA-re 


RULE CITATION 




AD 


AM 


RP 


CHGS 


.0301 


/ 












04/01/97 




.0302 - 


.0305 


/ 






/ 






04/01/97 


.0306 


/ 






• 






04/01/97 


.0307 


/ 






/ 






04/01/97 


.0308 


/ 












04/01/97 




.0401 - 


.0402 


/ 






/ 






04/01/97 


.0501 


/ 






/ 






04/01/97 


23 


NCAC 2D .0325 






/ 




/ 






03/01/97 


3A .0113 


/ 






/ 






03/01/97 


26 


NCAC 2C .0102 






/ 










04/01/97 


.0103 




/ 




/ 






04/01/97 




.0111 




/ 












04/01/97 




.0307 




/ 






/ 






04/01/97 


.0401 




/ 




/ 






04/01/97 


.0502 




/ 




/ 






04/01/97 




3 .0301 - 


.0305 


/ 












04/01/97 



i/;20 



NORTH CAROUNA REGISTER 



January 15, 1997 



1607 



RULES REVIEW COMMISSION 



1 his Section contains the agenda for the next meeting of the Rules Review Commission on Thursday. January 16. 1997. 
10:00 a.m. . at 1307 Gienwood Ave. , Assembly Room, Raleigh, NC. Anyone wishing to submit written comment on any 
rule before the Commission should submit those comments to the RRC staff, the agency, and the individual Commissioners 
by Monday. January 13. 1996. at 5:00 p.m. Specific instructions and addresses may be obtained from the Rules Review 
Commission at 919-733-2721. Anyone wishing to address the Commission should notify the RRC staff and the agency at 
least 24 hours prior to the meeting. 



RULES REVIEW COMMISSION MEMBERS 



Appointed by Senate 

Vemice B. Howard 

Teresa L. Smallwood 

Charles H. Henry 

Philip O. Redwine - Vice Chairman 



Appointed by House 

Bill Graham 

James Mallory, HI 

Paul Powell 

Anita White 



RULES REVIEW COMMISSION MEETING DATES 



January 16, 1997 
February 20, 1997 
March 20, 1997 



April 17, 1997 
May 15, 1997 
June 19, 1997 



MEETING DATE: JANUARY 16, 1997 



LOG OF FILINGS 
RULES SUBMITTED: NOVEMBER 20, 1996 THROUGH DECEMBER 20, 1996 



AGENCY/DIVISION 



RULE NAME 



RULE 



ACTION 



DHR/MH/DD/SAS 



Staff 


10 NCAC 


14V .3402 


Amend 


Operations 


10 NCAC 


14V .3803 


Amend 


Staff 


10 NCAC 


14V .5602 


Amend 


Placement of Clients 


10 NCAC 


15A .0128 


Repeal 


Resolution of Differences 


10 NCAC 


15A .0129 


Repeal 


Scope 


10 NCAC 


18W .0201 


Adopt 


Definitions 


10 NCAC 


18W .0202 


Adopt 


General Provisions 


10 NCAC 


18W .0203 


Adopt 


Eligibility Criteria 


10 NCAC 


18W .0204 


Adopt 


Emotional Handicap Defined 


10 NCAC 


18W .0205 


Adopt 


Violent Behavior Defined 


10 NCAC 


18W .0206 


Adopt 


Determination 


10 NCAC 


18W .0207 


Adopt 


Application 


10 NCAC 


18W .0208 


Adopt 


Determination of Eligibility 


10 NCAC 


18W .0209 


Adopt 


Re-Review of Eligibility 


10 NCAC 


18W .0210 


Adopt 


Needs Assessment 


10 NCAC 


18W .0211 


Adopt 


Service Planning 


10 NCAC 


18W .0212 


Adopt 


Provision of Services 


10 NCAC 


18W .0213 


Adopt 


Area Program Requirements 


10 NCAC 


18W .0214 


Adopt 


Division Requirements 


10 NCAC 


18W .0215 


Adopt 


Prior Notice of Decision 


10 NCAC 


18W .0216 


Adopt 


Mediation 


10 NCAC 


18W .0217 


Adopt 


Contested Case Hearings 


10 NCAC 


18W .0218 


Adopt 


Administrative Review 


10 NCAC 


18W .0219 


Adopt 



1608 



NORTH CAROLINA REGISTER 



January 15, 1997 



11:20 



RULES REVIEW COMMISSION 



DEHNR/ENVIRONME>rrAL MANAGEMENT COMMISSION 

Permits 

Additional Criteria 
Abandonment 

DEHNR/COASTAL RESOURCES COMMISSION 

Use Standards 

Declaration of General Policy 

Definitions 

Policy Statements 



15A NCAC 2C 


.0211 


Amend 


15A NCAC 2C 


.0213 


Amend 


15A NCAC 2C 


.0214 


Amend 


15A NCAC 7H 


.0309 


Amend 


15A NCAC 7M 


.0401 


Amend 


15A NCAC 7M 


.0402 


Amend 


15 A NCAC 7M 


.0403 


Amend 



DEPARTMENT OF REVENUE 

Voluntary EFT Program 

NC ACUPUNCTURE LICENSING BOARD 

Filing Complaints 

Determination of Probable Cause 

Informal Proceedings 

Continuances 

Disqualification 

Hearing 

Provisions for Petition 

NC STATE BOARD OF COMMUNITY COLLEGES 

Petitions 

Hearings 

Statement of Reasons 

Declaratory Rulings 

Student Loan Funds 

Military Leave 

Standards 



17 NCAC IC .0506 



Amend 



21 NCAC 


1 .0702 


Adopt 


21 NCAC 


1 .0703 


Adopt 


21 NCAC 


1 .0704 


Adopt 


21 NCAC 


1 .0706 


Adopt 


21 NCAC 


1 .0707 


Adopt 


21 NCAC 


1 .0710 


Adopt 


21 NCAC 


1 .0711 


Adopt 


23 NCAC 


IB .0001 


Amend 


23 NCAC 


IB .0004 


Amend 


23 NCAC 


IB .0005 


Amend 


23 NCAC 


IB .0008 


Amend 


23 NCAC 2C .0304 


Amend 


23 NCAC 2D .0104 


Amend 


23 NCAC 2E .0203 


Amend 



RULES REVIEW OBJECTIONS 



ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 



Coastal Management 

ISA NCAC 7H .0104 - Development Initiated Prior to Eff. Date of Revisions 

Agency Revised Rule 
ISA NCAC 7H .0304 - AECs Within Ocean Hazard Areas 

Agency Revised Rule 
ISA NCAC 7H .0305 - General Identification and Description ofLandforms 

Agency Revised Rule 

Environmental Management 

ISA NCAC 2B .0229 - Tar Pamlico River Basin-Nutrient Sensitive Waters Mgmt Strategy RRC Objection 
Agency Revised Rule 

Commission for Health Services 

75.4 NCAC 13C .0302 - General Provisions 

No Response fi-om Agency 

Agency Revised Rule 
ISA NCAC 13C .0304 - Minimum Qualifications for Registered Env. Consultants 

No Response from Agency 

Agency Revised Rule 
ISA NCAC 13C .0306 - Technical Standards for Registered Environmental Consultants 



RRC Objection 


11/21/96 


Obj. Removed 


12/19/96 


RRC Objection 


11/21/96 


Obj. Removed 


12/19/96 


RRC Objection 


11/21/96 


Obj. Removed 


12/19/96 


RRC Objection 


11/21/96 


Obj. Removed 


12/19/96 


RRC Objection 


09/19/96 


Obj. Cont'd 


10/17/96 


Obj. Removed 


11/21/96 


RRC Objection 


09/19/96 


Obj. Cont'd 


10/17/96 


Obj. Removed 


11/21/96 


RRC Objection 


09/19/96 



11:20 



NORTH CAROLINA REGISTER 



January 15, 1997 



1609 



RULES REVIEW COMMISSION 



No Response from Agency 
Agency Revised Rule 
15A NCAC 18A .0134 - Definitions 
15A NCAC 18A .0168 - Single-Service Containers 
15A NCAC 18A .0176 - Pasteurization of Crustacea Meat 

Bacteriological and Contamination Standards 
Alternative Labeling 

Thermal Processing of Crustacea and Crustacea Meat 
Interfacility Thermal Processing Procedures 
0301 - Definitions 
0421 - Daily Record 
Containers 
Heat Shock Method of Preparation of Shellfish 



0185 ■ 
0187 ■ 



15A NCAC 18A .0182 
ISA NCAC 18A .0183 
15A NCAC 18A 
15A NCAC 18A 
ISA NCAC 18A 
ISA NCAC 18A 
ISA NCAC 18A .0614 
ISA NCAC 18A .0618 



ISA NCAC 18A .0621 - Recall Procedure 

ISA NCAC 18A .0901 - Definitions 

ISA NCAC 18A . 1301 - Definitions 

ISA NCAC 18A . 1319 - Bedroom and Lobby Furnishings 

Parks and Recreation Area Rules 

ISA NCAC 12B . 1206 - Fees and Charges 
Agency Revised Rule 



Obj. Cont'd 


10/17/96 


Obj. Removed 


11/21/96 


RRC Objection 


12/19/96 


RRC Objection 


12/19/96 


RRC Objection 


12/19/96 


RRC Objection 


12/19/96 


RRC Objection 


12/19/96 


RRC Objection 


12/19/96 


RRC Objeaion 


12/19/96 


RRC Objection 


12/19/96 


RRC Objection 


12/19/96 


RRC Objection 


12/19/96 


RRC Objection 


12/19/96 


RRC Objection 


12/19/96 


RRC Objection 


12/19/96 


RRC Objection 


12/19/96 


RRC Objection 


12/19/96 


RRC Objection 


11/21/96 


Obj. Removed 


12/19/96 



HUMAN RESOURCES 



ChUd Day Care Commission 

10 NCAC 3U .0102 - Definitions 

Agency Revised Rule 
10 NCAC 3U .0704 - Preservice Requirements for Administrators 

Agency Re\'ised Rule 
10 NCAC 3U .0710 - Preservice Requirements for Teachers and Aides 

Agency Re\'ised Rule 
10 NCAC 3U .2701 - Application for Permits 

Agency Revised Rule 
10 NCAC 3U .2702 - Criminal Record Check Requirements for Child Care Providers 

Agency Revised Rule 
10 NCAC 3U .2703 - Criminal Record Check Reqs for Current Child Care Providers 

Agency Re\ised Rule 
10 NCAC 3U .2704 - Criminal Record Check Reqs for Nonregistered Home Providers 

Agency Revised Rule 

Facility Services 

10 NCAC 3R .2410 - Information Required of Applicant 

Agency Revised Rule 
10 NCAC 3R .2412 - Staffing and Staff Training 

Agency Revised Rule 
10 NCAC 3R .2S10 - Information Required of Applicant 

Agency Re\'ised Rule 
10 NCAC 3R .2S12 - Staffing and Staff Training 

Agency Re\ised Rule 
10 NCAC 3R .2612 - Information Required of Applicant 

Agency Re\ised Rule 
10 NCAC 3R .3030 - Facility and Service Need Determinations 

Agency Revised Rule 

No Response from Agency 
10 NCAC 3R .3030 - Facility and Service Need Determinations 
10 NCAC 3R .3040 - Reallocations and Adjustments 

Agency Revised Rule 
10 NCAC 3R .30S0 - Policies 



RRC Objeaion 


10/17/96 


Obj. Removed 


11/21/96 


RRC Objection 


10/17/96 


Obj. Removed 


11/21/96 


RRC Objection 


10/17/96 


Obj. Removed 


11/21/96 


RRC Objeaion 


10/17/96 


Obj. Removed 


11/21/96 


RRC Objeaion 


10/17/96 


Obj. Removed 


11/21/96 


RRC Objeaion 


10/17/96 


Obj. Removed 


11/21/96 


RRC Objeaion 


10/17/96 


Obj. Removed 


11/21/96 


RRC Objeaion 


10/17/96 


Obj. Removed 


11/21/96 


RRC Objeaion 


10/17/96 


Obj. Removed 


11/21/96 


RRC Objeaion 


10/17/96 


Obj. Removed 


11/21/96 


RRC Objeaion 


10/17/96 


Obj. Removed 


11/21/96 


RRC Objeaion 


10/17/96 


Obj. Removed 


11/21/96 


RRC Objeaion 


10/17/96 


Obj. Contd 


11/21/96 


Obj. Contd 


12/19/96 


RRC Objection 


11/21/96 


RRC Objection 


10/17/96 


Obj. Removed 


11/21/96 


RRC Objeaion 


10/17/96 



1610 



NORTH CAROLINA REGISTER 



January 15, 1997 



11:20 



RULES REVIEW COMMISSION 



Agency Revised Rule 

Social Services Commission 

10 NCAC 41 P .0002 - Organization and Administration (Renumbered as .0102) 

Agency Revised Rule 
10 NCAC 41 P .0005 - Placement Services Families and Children (Renumbered as .0105) 

Agency Revised Rule 
10 NCAC 41P .0013 - Fees (Renumbered as .0113) 

Agency Revised Rule 
10 NCAC 42A .0703 - Designated Agencies 

Agency Revised Rule 
10 NCAC 42C .2011 - Staff Competency and Training 

Agency Revised Rule 
10 NCAC 42C .2012 - Training Program Content and Approval 

Agency Revised Rule 
10 NCAC 42D . 1410 - Staff Competency and Training 

Agency Revised Rule 
10 NCAC 42D .1411 - Training Program Content and Approval 

Agency Revised Rule 

PUBLIC INSTRUCTION 

16 NCAC 7 .0101 - Definitions 

Agency Revised Rule 
16 NCAC 7 .0102 - General Information 

Agency Revised Rule 

16 NCAC 7 .0103 - Exemptions from Certification Requirements of the Standards Board 

Agency Revised Rule 

REAL ESTATE COMMISSION 

21 NCAC 58A .0302 - Filing and Fees 

21 NCAC 58A . 1501 - Licensing and General Brokerage Forms 

21 NCAC 58A .1502 - Forms for Education Program 

BOARD OF REFRIGERATION EXAMINERS 

21 NCAC 60 .0314 - Use of License 
Agency Revised Rule 

REVENUE 

17 NCAC 5C .0102 - Doing Business Defined 

No Response from Agency 



Obj. Removed 


11/21/96 


RRC Objection 


11/21/96 


Obj. Removed 


12/19/96 


RRC Objection 


11/21/96 


Obj. Removed 


12/19/96 


RRC Objection 


11/21/96 


Obj. Removed 


12/19/96 


RRC Objection 


11/21/96 


Obj. Removed 


12/19/96 


RRC Objection 


11/21/96 


Obj. Removed 


12/19/96 


RRC Objection 


11/21/96 


Obj. Removed 


12/19/96 


RRC Objection 


11/21/96 


Obj. Removed 


12/19/96 


RRC Objection 


11/21/96 


Obj. Removed 


12/19/96 


RRC Objection 


11/21/96 


Obj. Removed 


12/19/96 


RRC Objection 


11/21/96 


Obj. Removed 


12/19/96 


RRC Objection 


11/21/96 


Obj. Removed 


12/19/96 


RRC Objection 


12/19/96 


RRC Objection 


12/19/96 


RRC Objeaion 


12/19/96 


RRC Objection 


11/21/96 


Obj. Removed 


12/19/96 


RRC Objection 


11/21/96 


Obj. Cont'd 


12/19/96 



TRANSPORTATION 



Division of Motor Vehicles 

19A NCAC 3E .0403 - License Period for Trailer Plate 



RRC Objection 



12/19/96 



11:20 



NORTH CAROLINA REGISTER 



January 15, 1997 



1611 



CONTESTED CASE DECISIONS 



J. his Section contains the full text of some of the more significant Administrative Law Judge decisions along with an index 
to all recent contested cases decisions which are filed under North Carolina's Administrative Procedure Act. Copies of 
the decisions listed in the index and not published are available upon request for a minimal charge by contacting the 
Office of Administrative Hearings, (919) 733-2698. 



OFFICE OF adahnistrativt; hearings 

Chief Administrative Law Judge 

JUUAN MANN, HI 

Senior Administrative Law Judge 
FRED G. MORRISON JR. 

ADMINISTRA TIVE LA W JUDGES 



Brenda B. Becton 
Sammie Chess Jr. 
Beecher R. Gray 
Meg Scott Phipps 



Robert Roosevelt Reilly Jr. 
Dolores O. Smith 
Thomas R. West 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



ADMINISTRATION 

Douglas J. Register v. Department of Administration 
Purchase and Contract 

Budd Seed, Inc. v. Department of Administration 
ALCOHOLIC BEVERAGE CONTROL COMMISSION 



96 DOA 0172 



Reilly 



96 DOA 0281 Chess 



08/16/96 



09/19/96 



Osama Arafat Sadar v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. James Eads Sprowles 
Cole Entertainment, Inc. v. Alcoholic Beverage Control Commission 
Fuad Saif Murshed v. Ale. Bev. Ctl. Comm. & Durham Mem. Bapt. Ch. 
Alcoholic Beverage Control Commission v. Tremik, Inc. 
City of Raleigh v. Alcoholic Beverage Control Commission 

and 
Marshall Stewart, IH. Robert David Park, and Park Stewart Inc. 
Alcoholic Beverage Control Commission v. Maria Virginia Tramontano 
Alcoholic Beverage Control Commission v. Huffman Oil Co., Inc. 
Pinakin P. Talate v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Entrepreneur. Inc. 
Alcoholic Beverage Control Commission v. Zell, Inc. 
Alcoholic Beverage Control Commission v. Henry Franklin Gurganus 
Andrew Parker v. Alcoholic Beverage Control Commission 
Barraq Sabri Alquza v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Partnership T/A T & L Groceries 
Alcoholic Beverage Control Commission v. Cashion's Food Mart. Inc. 
Alcoholic Beverage Control Commission v. E.K.'s II, Inc. Carl E. Collins 
Bro Bee, Inc. v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Donald Ray Doak 
Alcoholic Beverage Control Commission v. Janice Lorraine Jeter 
Alcoholic Beverage Control Commission v. Well Informed, Inc. 
Alcoholic Beverage Control Commission v. Kubbard, Inc. 
Alcoholic Beverage Control Commission v. Stemmermans's, Inc. 



95 ABC 0721 


Gray 


07/09/96 




95 ABC 0883*^ 


Gray 


07/10/96 




95 ABC 0917 


'ft'est 


08/21/96 


11:12 NCR 1027 


95 ABC 0922 


Chess 


04/24/96 




95 ABC 0925 


Morrison 


03/25/96 




95 ABC 


1143 


Morrison 


11/08/96 


11;17 NCR 1362 


95 ABC 


1200 


West 


04/23/96 




95 ABC 


1251 


West 


04/03/96 


11:03 NCR 166 


95 ABC 


1329 


West 


04/10/96 




95 ABC 


1363 


Reilly 


05/02/96 




95 ABC 


1366 


West 


06/17/96 




95 ABC 


1389 


West 


04/01/96 




95 ABC 


1402 


Phipps 


03/27/96 




95 ABC 


1424 


Phipps 


04/03/96 




95 ABC 


1443 


West 


03/26/96 




95 ABC 


1444 


Gray 


03/13/96 




95 ABC 


1458 


Chess 


08/12/96 




95 ABC 


1480 


West 


04/15/96 




95 ABC 


1488 


West 


03/29/96 




96 ABC 0013 


Reilly 


04/26/96 




96 ABC 0016 


Chess 


05/28/96 




96 ABC 0017 


Reilly 


05/20/96 




96 ABC 0018 


Chess 


05/28/96 





1612 



NORTH CAROLINA REGISTER 



January 15, 1997 



11:20 



CONTESTED CASE DECISIONS 



AGENCY 



George Wright and Alice Ramsuer v. Alcoholic Beverage Control Comm. 96 

Alcoholic Beverage Control Commission v. Bayron Green 

Alcoholic Beverage Control Commission v. Circle K Stores, Inc. 

Alcoholic Beverage Control Commission v. Robert Montgomery McKnighl96 

Alcoholic Beverage Control Commission v. Cadillacs Discotheque, Inc 

Gerald Audry Sellars v. Alcoholic Beverage Control Commission 

Alcoholic Beverage Control Commission v. Jacqueline Robin Anthony 

Alcoholic Beverage Control Commission v. Factory Night Club, Inc. 

Alcoholic Beverage Control Commission v. C.N.H. Enterprises, Inc. 

Alcoholic Beverage Control Commission v. Millicent J. Green 

Ghassan Hasan Issa v. Alcoholic Beverage Control Commission 

Alcoholic Beverage Control Commission v. Abdelhakeem Muraweh Saleh 96 

Alcoholic Beverage Control Commission v. Triangle Drive-In 

Alcoholic Beverage Control Commission v. Beroth Oil Company 

Alcoholic Beverage Control Commission v. Beroth Oil Company 

Alcoholic Beverage Control Commission v. Beroth Oil Company 

Alcoholic Beverage Control Commission v. Beroth Oil Company 

Alcoholic Beverage Control Commission v. Giles Rozier 

Alcoholic Beverage Control Commission v. Clifton Franklin Smith 

Alcoholic Beverage Control Comm. v. Crown Central Petroleum Corp. 

Dilthra Smith Patton v. Alcoholic Beverage Control Commission 

Virginia Caporal v. Alcoholic Beverage Control Commission 

Alcoholic Beverage Control Commission v. James Eads Sprowles 

Alcoholic Beverage Control Commission v. Chae Ypo Chong 

Alcoholic Beverage Control Commission v. Albert S. Carter 

Alcoholic Beverage Control Commission v. Taleb Abed Rahman 

Alcoholic Beverage Control Comm. v. Centergrove Entertainment Ent. 

Joseph Marcel Etienne v. Alcoholic Beverage Control Commission 

Alcoholic Beverage Control Commission v. Jesse Smith 

Alcoholic Beverage Control Commission v. Winn Dixie Charlotte, Inc. 

Alcoholic Beverage Control Commission v. Winn Dixie Charlotte, Inc. 

Louis Corpening v. Alcoholic Beverage Control Commission 

Alcoholic Beverage Control Commission v. Joyce N. Capra 

HARB Inc. v. Alcoholic Beverage Control Commission 

Alcoholic Beverage Control Commission v. Russell Bernard Speller 

Alcoholic Beverage Control Commission v, Ptnrshp.,T/A Blue Front Groc 



CASE 




DATE OF 


NUMBER 


AU 


DECISION 


96 ABC 0058 


Becton 


04/16/96 


96 ABC 0097 


Becton 


08/23/96 


96 ABC 0134 


Gray 


11/06/96 


96 ABC 0135 


Phipps 


05/09/96 


96 ABC 0136 


Phipps 


12/04/96 


96 ABC 0160 


Becton 


06/25/96 


96 ABC 0184 


Phipps 


05/09/96 


96 ABC 0226 


Phipps 


08/02/96 


96 ABC 0232 


Becton 


07/09/96 


96 ABC 0234 


Smith 


06/13/96 


96 ABC 0256 


Morrison 


05/23/96 


96 ABC 0381 


Chess 


08/27/96 


96 ABC 0443 


ReiUy 


06/11/96 


96 ABC 0447 


Morrison 


08/30/96 


96 ABC 0448 


Morrison 


08/30/96 


96 ABC 0449 


Morrison 


08/30/96 


96 ABC 0450 


Morrison 


08/30/96 


96 ABC 0473 


Morrison 


09/19/96 


96 ABC 0474 


Reilly 


08/12/96 


96 ABC 0482 


Morrison 


10/18/96 


96 ABC 0505 


Morrison 


08/06/96 


96 ABC 0507 


Becton 


10/04/96 


96 ABC 0526*' 


Gray 


07/10/96 


96 ABC 0530 


Morrison 


10/29/96 


96 ABC 0534 


Morrison 


08/05/96 


96 ABC 0551 


West 


11/14/96 


96 ABC 0583 


Reilly 


08/12/96 


96 ABC 0718 


Phipps 


10/17/96 


96 ABC 0804 


Gray 


11/19/96 


96 ABC 0858 


Morrison 


11/21/96 


96 ABC 0859 


Morrison 


U/21/96 


96 ABC 0985 


Gray 


09/26/96 


96 ABC 1060 


Reilly 


11/15/96 


96 ABC 1124 


Phipps 


10/23/96 


96 ABC 1394 


Smith 


12/20/96 




96 ABC 1469 


Smith 



PUBLISHED DECISION 
REGISTER CITATION 



I1;08NCR 564 



11:13 NCR 1085 



12/09/96 



COMMISSION FOR AUCTIONEERS 



John W, Foster v. Auctioneer Licensing Board 
Barry G. York v. Auctioneer Licensing Board 



96 CFA 0201 
96 CFA 0297 



Phipps 
Smith 



05/06/96 
10/18/96 



DEPARTMENT OF CORRECTION 



James J. Lewis v. Department of Correction 
CRIME CONTROL AND PUBLIC SAFETY 



96 DOC 0772 



West 



09/05/96 



Roland Lee Kelly, Jr. v. United Family Services, Victim Assistance/Crime 95 

Victims Compensation Comm. 
Robert F. Bronsdon v. Crime Victims Compensation Commission 
Helen B. Hunter-Reid v. Crime Victims Compensation Conmiission 
Deborah C. Passarelli v. Crime Victims Compensation Conmiission 
Kenneth Saunders v. Victims Compensation Commission 
Franklin McCoy Jones v. Crime Victims Compensation Commission 
Ruby H. Ford v. Crime Victims Compensation Commission 
Manuel Cervantes v. Victims Compensation Fund 
Sheila Carol Blake v. Victims Compensation Commission 
James T. Mungo v. Victims Compensation Commission 
Jerome Crutchfield v. CPS, Victims Compensation Commission 
William Theodore Frazier v. Crime Victims Compensation Commission 
Emma Coble v. Crime Victims Compensation Commission 
Donna Williams v. Crime Victims Compensation Commission 
Daisy Reid v. Crime Victims Compensation Commission 
Anthony P. Dawkins v. Crime Victims Compensation Commission 
Judy Worley Milam v. Crime Victims Compensation Commission 
Shirley M. King v. Crime Victims Compensation 
Mark Matthews for Child Victim v. Crime Victims Compensation Comm 



95 CPS 0568 


Morrison 


95 CPS 1216 


Chess 


95 CPS 1336 


Smith 


95 CPS 1399 


Reilly 


95 CPS 1445 


Chess 


96 CPS 0056 


Smith 


96 CPS 0110 


Reilly 


96 CPS 0118 


Chess 


96 CPS 0280 


West 


96 CPS 0333 


Reilly 


96 CPS 0340 


Phipps 


96 CPS 0435 


Chess 


96 CPS 0468 


Chess 


96 CPS 0493 


Morrison 


96 CPS 0499 


West 


96 CPS 0716 


Reilly 


96 CPS 0717 


Gray 


96 CPS 0802 


West 


96 CPS 0832 


Becton 



05/29/96 

05/28/96 
03/29/96 
07/18/96 
03/26/96 
07/03/96 
04/18/96 
03/19/96 
07/10/96 
07/09/96 
09/05/96 
08/22/96 
09/25/96 
06/13/96 
11/18/96 
08/16/96 
11/21/96 
08/08/96 
08/20/96 



11:02 NCR 
11:09 NCR 



93 

814 



11:20 



NORTH CAROLINA REGISTER 



January 15, 1997 



1613 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Clara Durham v. Victims Compensation 96 CPS 0906 

Shawn P. Saddler v. Victims Compensation Commission 96 CPS 1109 

David Carl Anderson v. Crime Victims Compensation Commission 96 CPS 1409 

ENVIRONMENT, HEALTH. AND NATURAL RESOURCES 

Grihble & Assoc. & Four Seasons Car Wash v. EHNR 

Wilton Evans v. Environment, Health, &. Natural Resources 

David Martin Shelton v. Rockingham County Dept/Public Health, EHNR 

Kjnston Urological Associates, P. A. v. N.C. Cancer Program 

Kinston Urological Associates, P. A. v. N.C. Cancer Program 

Elsie & Tony Cecchini v. Environment, Health, &. Natural Resources 

United Organics Corporation v. Environment, Health, &. Natural Res. 

Gerald Mac Clamrock v. Environment, Health, &. Natural Resources 

John Milazzo v. Environment, Health, & Natural Resources 

Wayne Marshall, Pres. Metro Area Dev., Inc. v. EHNR 

David J. Mohn v. Environment, Health, & Natural Resources 

Reuben Massey v. Environment, Health, and Natural Resources 

Joseph London v. Environment, Health, and Natural Resources 

Coastal Resources 



Phipps 

Morrison 

Smith 



09/23/96 

01/02/97 
11/25/96 



95 EHR 0576 


Gray 


04/25/96 






95 EHR 0843 


Reilly 


07/17/96 






95 EHR 0941 


West 


05/01/96 






95 EHR 1198*= 


Smith 


03/27/96 


11:02 NCR 


97 


95 EHR 1199*2 


Smith 


03/27/96 


1 1 :02 NCR 


97 


95 EHR 1240 


Reilly 


04/22/96 






96 EHR 0064 


Smith 


07/01/96 






96 EHR 0168 


Phipps 


05/06/96 






96 EHR 0644 


Reilly 


08/13/96 






96 EHR 0826 


West 


10/01/96 






96 EHR 0947 


Smith 


10/04/96 






96 EHR 1301 


Reilly 


12/18/96 






96 EHR 1397 


Reilly 


12/10/96 







Martin W. Synger v. Division of Coastal Management 95 EHR 1006 

J. E. Smith Construction Co. v. Division of Coastal Management 96 EHR 0074 

Theodore D. Harris v. Town of Lxing Beach, NC & Coastal Mgmt, EHNR 96 EHR 0277 



Chess 


05/13/96 


Smith 


02/23/96 


West 


05/09/96 



Environmental Health 

Forest Gale Motel v. Environment. Health, and Natural Resources 
Paradise Ridge Home Owners by Anne Norburn v. EHNR, Env. Health 



96 EHR 0076 
96 EHR 0162 



West 
Phipps 



06/17/96 
05/06/96 



Environmental Management 

Frank A. Corriher & Sons Well Drilling, Inc. v. Env. Mgmt.. EHNR 
Herman E. Smith v. Division of Environmental Management 
Conover Lumber Co., Inc. v. EHNR, Division of Environmental Mgmt. 
City of Reidsville, a Municipal Corp. v. EHNR, Environmental Mgmt. 
Jack West d/b/a Jack West Tree Service v. Environmental Mgmt. Comm. 
The Smithfield Packing Co., Inc., v. EHNR, Environmental Mgmt. 
and 
Citizens for Clean Industry, Inc. and Bladen Environment 
Commscope, Inc. v. EHNR, Division of Environmental Management 
Stephen L. Reedy v. EHNR, Division of Environmental Management 
Rayco Utilities, Inc. v. EHNR, Division of Environmental Management 
Clover M Farms, Inc. v. EHNR, Division of Environmental Management 
Providence Glen Associates v. Environmental Management, EHNR 
Overcash Gravel & Grading Co., Inc. v. Division of Environmental Mgmt 96 



95 EHR 0048 


Phipps 


09/20/96 


11;I4NCR 1191 


95 EHR 0962 


West 


04/30/96 




95 EHR 1081 


Reilly 


04/12/96 




95 EHR 1335 


Gray 


10/01/96 


11:15 NCR 1249 


95 EHR 1421 


Morrison 


04/08/96 




95 EHR 1474 


West 


07/03/96 




96 EHR 0078 


Gray 


12/23/96 




96 EHR 0181 


Gray 


12/16/96 




96 EHR 0367 


Becton 


10/04/96 




96 EHR 0405 


Becton 


06/10/96 




96 EHR 0648 


Becton 


08/12/96 




96 EHR 0990 


West 


10/29/96 





Land Resources 



K&G Properties, Inc. v. EHNR, Division of Land Resources 
Marine Fisheries 



95 EHR 1078 Smith 



03/25/96 



Robert I. Swinson, Sr. v. EHNR, Health & Nat. Res., Marine Fisheries 
Grayden L. Fulcher and Michael Styron, Sr. v. Div. of Marine Fisheries 
Johnny R. Slotesberry v. Marine Fisheries Commission 
Julian G. Gilgo v. Environment, Health, and Natural Resources 

Radiation Protection 



95 EHR 0320 


Chess 


03/29/96 


11:03 NCR 168 


96 EHR 0003 


Reilly 


03/06/96 




96 EHR 0072 


Gray 


08/19/96 


11:11 NCR 955 


96 EHR 0692 


West 


12/06/96 


11:19 NCR 1530 



Marsha L. Powell v. EHNR, Division of Radiation Protection 
Nancy S. Webb v. EHNR, Division of Radiation Protection 

Solid Waste Management 

R. Donald Phillips v. EHNR, Solid Waste Management Division 
R. Donald Phillips v. EHNR, Solid Waste Management Division 



96 EHR 1116 
96 EHR 1131 



95 EHR 1190*" 

96 EHR 0554*^ 



Smith 
Gray 



Gray 
Gray 



10/10/96 
10/23/96 



05/22/96 
05(22/96 



1614 



NORTH CAROLINA REGISTER 



January 15, 1997 



11:20 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



GRACE and Margaret L. Caudle-Beck v. EHNR, Solid Waste Management 



96EHR 1125 



Phipps 



12/06/96 



WIC Program 

Lazelle Marks v. EHNR, Division of Maternal and Child Health 
Hani Sader v. Nutrition Services, Div/Matemal & Child Health, EHNR 
Bob's Quick Mart, Bobby D. Braswell v. Env., Health, & Natural Res. 
Larry E. Mis v. USDA-Food/Cons Svc, Cory Menees-WIC Prog., EHNR 
Naser H. Hammad v. Dept. of Environment, Health, & Natural Resources 
Jamil M. Saleh v. Dept. of Environment, Health, & Natural Resources 
Khaled M. Alzer v. Dept. of Environment, Health, & Natural Resources 



95 EHR 0870 


West 


03/27/96 


96 EHR 0054 


West 


05/22/96 


96 EHR 0091 


Smith 


04/02/96 


96 EHR 0164 


Phipps 


03/19/96 


96 EHR 0632 


Reilly 


07/09/96 


96 EHR 0634 


Phipps 


09/04/96 


96 EHR 0721 


Reilly 


07/30/96 



EQUAL EMPLOYMENT OPPORTUNITIES 

Mareha Dianne McKoy v. DHR, DMH/DD/SAS, Caswell Center 
Carl D. Davis v. Department of Correction 



90 EEO 0379 

91 EEO 1101 



Chess 
Smith 



10/08/96 
05/06/96 



HUMAN RESOURCES 



Cassandra M. Deshazo v. Christine E. Carroll, Chf Chid Abuse/Neg. Sec. 95 DHR 1410 Phipps 
Medicus Robinson v. Department of Human Resources 96 DHR 0167 Smith 



03/28/96 
04/12/96 



Division of Child Development 



Molly Fallin v. Department of Human Resources 
Molly Fallin v. Department of Human Resources 
Mary T. Hill v. DHR, Division of Child Development 
lola Roberson v. DHR, Division of Child Development 
Zannie M. Allen v. DHR, Division of Child Development 
Mt. Pleasant Church v. DHR, Division of Child Development 
Yvette Nivens v. DHR, Division of Child Development 



94 DHR 0872*5 


Gray 


05/15/96 


95 DHR 1013*5 


Gray 


05/15/96 


95 DHR 1192 


Phipps 


03/27/96 


95 DHR 1244 


Gray 


05/16/96 


96 DHR 0304 


Gray 


08/15/96 


96 DHR 0720 


Gray 


11/19/96 


96 DHR 1161 


Morrison 


11/19/96 



Division of FaciHty Services 



Eloise Brown v. Dept. of Human Resources, Division of Facility Services 95 DHR 1002 Kiipps 

Harry Martin Bastian v. DHR, Division of Facility Services 

Community Care ff2 v. DHR, Division of Facility Services 

Community Care #4 v. DHR, Division of Facility Services 

Billie Mitchell v. Department of Human Resources (DFS) 

Jo Ami Boyd Capps v. DHR, Division of Facility Services 



96 DHR 0287 


West 


96 DHR 0934 


Becton 


96 DHR 0935 


Becton 


96 DHR 0975 


Phipps 


96 DHR 1115 


Gray 



03/07/96 
08/21/96 
10/16/96 
10/16/96 
01/02/97 
12/12/96 



Certificate of Need Section 



Nash Hospitals, Inc. v. DHR, Div/Facility Services, Cert, of Need Sect. 95 DHR 1176*5 phipps 
Pitt Cty Mem. Hospital, Inc. v. DHR, Div/Facility Sries, Cert/Need Sect. 95 DHR 1177*^ Phipps 



05/23/96 
05/23/96 



11:06 NCR 
11:06 NCR 



389 
389 



Group Care Licensure Section 



Alex L. McCall v. DHR, Div/Facility Svcs, Group Care Licensure Sec. 
DHR, Facility Services, Group Care Licensure Sect. v. Petrova Evans 
Leola Barnes, Shaw Family Care v. DHR, Fac. Svcs, Group Care Lie. 
Gracelane Rest Home v. Group Care Lie. Section, Div. of Soc. Svcs. 



95 DHR 1456 


Smith 


03/26/96 


96 DHR 0544 


Phipps 


08/21/96 


96 DHR 0626 


West 


10/01/96 


96 DHR 0944 


Becton 


10/16/96 



Medical Facilities Licensure Section 

Deborah Reddick v. Department of Human Resources 96 DHR 0240 Reilly 06/18/96 

Stacey Yvette Franklin v. Facility Services, Medical Facilities Lie. Sec. 96 DHR 0358 Morrison 05/16/96 

Division of Medical Assistance 



Judy Malcuit, Re Melissa Malcuit v. DHR, Div. of Medical Assistance 96 DHR 0129 
Durham Reg. Hsptl, Behavioral Hllh Svcs. v. Medical Assistance, DHR 96 DHR 0637 
Jerry Heath v. DHR, Division of Medical Assistance 96 DHR 0752 



Gray 


06/12/96 


West 


09/20/96 


Chess 


10/07/96 



Division of Social Services 



Crystean Fields v. Department of Human Resources 
Rozena Chambliss v. Department of Human Resources 



95 DHR 1001 
95 DHR 1044 



Gray 
Smith 



07/05/96 
03/12/96 



11:20 



NORTH CAROLINA REGISTER 



January 15, 1997 



1615 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



Addie & Major Short v. Department of Human Resources 95 DHR 1063 

Mr. and Mrs. Jessie Stevenson v. DHR, Division of Social Services 95 DHR 1072 
William G. Fisher v. DHR, Div. of Social Services, Prog Integrity Branch 95 DHR 1234 

Vema F. Nunn v. Department of Human Resources 95 DHR 1330 

Nancy Hooker, Helen Tyndall v. Department of Human Resources 96 DHR 0155 

Monica Ferrari and Justin Ferrari v. Pender County DSS 96 DHR 1425 

Monica Ferrari and Justin Ferrari v. New Hanover County DSS 96 DHR 1471 





DATE OF 


ALJ 


DECISION 


Morrison 


03/19/96 


Phipps 


03/15/96 


Morrison 


03/19/96 


Gray 


04/11/96 


Gray 


04/26/96 


Morrison 


12/13/96 


Morrison 


12/13/96 



PUBLISHED DECISION 
REGISTER CITATION 



Child Support Enforcemeni Section 

Donald E. Rideoul Jr. v. Department of Human Resources 
Christopher F. Roakes v. Department of Human Resources 
Claude Eure Jr. v. Department of Humaii Resources 
Richard R. Fox, Sr. v. Department of Human Resources 
Joselito D. Pilar v. Department of Human Resources 
David Lee Grady v. Department of Human Resources 
Patrick Orlando Crump v. Department of Human Resources 
Peter Robert Kovolsky v. Department of Human Resources 
Tony Lee Zapata v. Department of Human Resources 
Lawrence Dow Dean v. Department of Human Resources 
Carl E. Coffey v. Department of Human Resources 
Keith Dewayne Senters v. Department of Human Resources 
Lonnie Dawes v. Department of Human Resources 
Mickey Turner v. Department of Human Resources 
James Joseph Gallagher v. Department of Human Resources 
James Thomas McRae v. Department of Human Resources 
Vincent E. Koehler v. Department of Human Resources 
David J. Moseley v. Department of Human Resources 
Derrick L. Conyers v. Department of Human Resources 
Charles Edward Smith v. Department of Human Resources 
Kevin Vereen v. Department of Human Resources 
James Curtis Witwer v. Department of Human Resources 
Thomell Bowden v. Department of Human Resources 
Herbert W. Donahue Jr. v. Department of Human Resources 
Henry S. Sada v. Department of Human Resources 
Charles F. Moore v. Department of Human Resources 
Daniel Leslie Baker v. Department of Human Resources 
Kenneth L. Lindsey v. Department of Human Resources 
John L. Pike v. Department of Human Resources 
Wm. R. Evans v. Department of Human Resources 
Ror> J. Curry v. Department of Human Resources 
Lorin A. Brown v. Department of Human Resources 
Marcus Anthony Butts v. Department of Human Resources 
Cynthia Pinder v. Department of Human Resources 
Rhonnie J. Williams v. Department of Human Resources 
Ramon Domene<:h v. Department of Human Resources 
Lennard J. Watson v. Department of Human Resources 
Timothy R. Brewer, Sr. v. Department of Human Resources 
Dennis L. McNeill v. Department of Human Resources 
Tony A. Rogers v. Department of Human Resources 
Rick E. Atkins v. Department of Human Resources 
Timothy A. Ratley (Jeanes) v. Department of Human Resources 
Richard E. Reader v. Department of Human Resources 
Wendel McDonald v. Department of Human Resources 
Wilbur Dewayne Bauli v. Department of Human Resources 
Reginald B. Bratton Sr. v. Department of Human Resources 
James C. Smith v. Department of Human Resources 
Ronald D. Johnson v. Department of Human Resources 
Johnny Lear>' v. Department of Human Resources 
Jimmy Strickland v. Department of Human Resources 
John W. Scott v. Department of Human Resources 
Calvin S. Austin v. Department of Human Resources 
Derek Henslee v. Department of Human Resources 
Donald L. Carr, Jr. v. Department of Human Resources 
Norman Waycaster v. Department of Human Resources 
Andre Duncan v. Department of Human Resources 
Lorenzo Wilson v. Department of Human Resources 
Mark Kevin Bums v. Department of Human Resources 



95 CSE 0952 


Reilly 


04/18/96 


95 CSE 


1131 


Be^non 


05/03/96 


95 CSE 


1155 


Phipps 


06/12/96 


95 CSE 


1169 


Becton 


03/19/96 


95 CSE 


1180 


Chess 


03/01/96 


95 CSE 


1218 


Morrison 


03/26/96 


95 CSE 


1221 


Smith 


03/05/96 


95 CSE 


1230 


Beaton 


03/11/96 


95 CSE 


1266 


Gray 


05/02/96 


95 CSE 


1267 


Morrison 


03/29/96 


95 CSE 


1270 


Smith 


03/15/96 


95 CSE 


1273 


Phipps 


04/01/96 


95 CSE 


1274 


Smith 


06/12/96 


95 CSE 


1278 


Smith 


03/14/96 


95 CSE 


1280 


Chess 


03/19/96 


95 CSE 


1296 


Chess 


03/15/96 


95 CSE 


1301 


Phipps 


05/09/96 


95 CSE 


1304 


Chess 


03/29/96 


95 CSE 


1308 


ReiUy 


03/13/96 


95 CSE 


1309 


West 


03/07/96 


95 CSE 


1315 


Phipps 


05/06/96 


95 CSE 


1331 


Bee ton 


03/26/96 


95 CSE 


1345 


Morrison 


03/07/96 


95 CSE 


1346 


Reilly 


11/15/96 


95 CSE 


1367 


Smith 


03/21/96 


95 CSE 


1369 


Chess 


03/27/96 


95 CSE 


1373 


Morrison 


03/12/96 


95 CSE 


1375 


West 


06/24/96 


95 CSE 


1376 


Smith 


03/21/96 


95 CSE 


1377 


BeA:ton 


03/11/96 


95 CSE 


1380 


Mann 


03/15/96 


95 CSE 


1382 


Reilly 


04/18/96 


95 CSE 


1405 


Smith 


03/27/96 


95 CSE 


1406 


Becton 


03/11/96 


95 CSE 


1407 


Chess 


05/06/96 


95 CSE 


1408 


Phipps 


03/11/96 


95 CSE 


1414 


Mann 


08/23/96 


95 CSE 


1433 


West 


12/10/96 


95 CSE 


1435 


Becton 


03/13/96 


95 CSE 


1436 


Chess 


05/16/96 


95 CSE 


1437 


Phipps 


04/01/96 


95 CSE 


1465 


Morrison 


03/26/96 


95 CSE 


1469 


Smith 


04/29/96 


95 CSE 


1470 


Becton 


07/29/96 


95 CSE 


1475 


West 


03/13/96 


96 CSE 0002 


Mann 


08/23/96 


96 CSE 0034 


Gray 


05/10/96 


96 CSE 0084 


Smith 


03/27/96 


96 CSE 0085 


B&;ton 


05/03/96 


96 CSE 0119 


Chess 


07/08/96 


96 CSE 0130 


Mann 


03/15/96 


96 CSE 0140 


Phipps 


05/17/96 


96 CSE 0188 


Reilly 


05/17/96 


96 CSE 0200 


West 


05/30/96 


96 CSE 0245 


Becton 


05/16/96 


96 CSE 0249 


Chess 


09/25/96 


96 CSE 0257 


Phipps 


05/06/96 


96 CSE 0271 


Morrison 


06/24/96 



1616 



NORTH CAROLINA REGISTER 



January 15, 1997 



11:20 



CONTESTED CASE DECISIONS 



AGENCY 



Cyril Lloyd Payne v. Department of Human Resources 

Charles H. Johnson v. Department of Human Resources 

Willie James Myers v. Department of Human Resources 

Christopher F. Byrne v. Department of Human Resources 

Richard Painall Burch v. Department of Human Resources 

Charles Gillispie v. Department of Human Resources 

Teresa Reynolds v. Department of Human Resources 

Thomell Bowden v. Department of Human Resources 

Kenneth Edward Bums v. Department of Human Resources 

Carl R. Ritler v. Department of Human Resources 

William Charles Rorie v. Department of Human Resources 

Leon Gibson v. Department of Human Resources 

Dioni Delvalle, 11 v. Department of Human Resources 

Gerald Roger Beachum Jr. v. Department of Human Resources 

Anderson L Wardlow v. Department of Human Resources 

Daniel J. Carter v. Department of Human Resources 

Kelvin Tarlton v. Department of Human Resources 

Steven Craig Mooney v. Department of Human Resources 

John L. Cherry Jr. v. Department of Human Resources 

Arthur Jemerson v. Department of Human Resources 

Michael S. Covington v. Department of Human Resources 

Gary Steele v. Department of Human Resources 

Terry Sealey v. Department of Human Resources 

Jackie L. Kopczick v. Department of Human Resources 

Virginia McDowell Ramsey v. Department of Human Resources 

D. Wayne Gray v. Department of Human Resources 

Claude R. Anderson v. Department of Human Resources 

Alan Kendell Locklear v. Department of Human Resources 

Douglas F. McBryde v. Department of Human Resources 

Thomas White v. Department of Human Resources 

James Trevor Emerson v. Department of Human Resources 

Ray Davis Hood v. Department of Human Resources 

Leon McNair v. Department of Human Resources 

John William White v. Department of Human Resources 

Hazel L. Walker v. Department of Human Resources 

Tayloria Y. Manns v. Department of Human Resources 

Carl S. McNair v. Department of Human Resources 

David Agurs v. Department of Human Resources 

King Sanders Jr. v. Department of Human Resources 

Sandra Kay Carpenter v. Department of Human Resources 

Christopher Clyde Barrino Jr. v. Department of Human Resources 

Clinton Sutton v. Department of Human Resources 

Dave L. James v. Department of Human Resources 

Jonathan Bernard Copper v. Department of Human Resources 

Lisa Privette v. Department of Human Resources 

Franklin D. Deese v. Department of Human Resources 

Jan Smith Osborne v. Department of Human Resources 

Mark Allen Rose Sr. v. Department of Human Resources 

Mark P. Crosby v. Department of Human Resources 

Bernard D. Brothers v. Department of Human Resources 

Renee G. Arriola v. Department of Human Resources 

Isaac Massey Jr. v. Department of Human Resources 

Darryi Leon White v. Department of Human Resources 

Philip Pumell v. Department of Human Resources 

Edwin Southards v. Department of Human Resources 

Mary Vanover v. Department of Human Resources 

Cabot S. Pollard v. Department of Human Resources 

Johnnie B. Walton v. Department of Human Resources 

Timothy P. Ruth v. Department of Human Resources 

Thomas Lee Glenn v. Department of Human Resources 

Randy Dale Finnicum v. Department of Human Resources 

Washington J. James, HI v. Department of Human Resources 

Tommy R. Thompson v. Department of Human Resources 

Anthony Bernard Crawford v. Department of Human Resources 

Harry J. Cook v. Department of Human Resources 

Jethero Davidson Jr. v. Department of Human Resources 

Wilbert J. Boykin v. Department of Human Resources 

Raymond G. Molina v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALI 


DECISION 


96 CSE 0272 


Reilly 


05/31/96 


96 CSE 0295 


West 


07/15/96 


96 CSE 0299 


Bectoo 


07/19/96 


96 CSE 0336 


Chess 


06/26/96 


96 CSE 0339 


Phipps 


06/27/96 


96 CSE 0365 


Mann 


07/23/96 


96 CSE 0369 


Gray 


07/23/96 


96 CSE 0370 


Morrison 


05/17/96 


96 CSE 0379 


Reilly 


07/18/96 


96 CSE 0380 


West 


05/08/96 


96 CSE 0388 


Smith 


08/01/96 


96 CSE 0389 


Becton 


07/02/96 


96 CSE 0407 


Chess 


07/17/96 


96 CSE 0411 


Phipps 


06/24/96 


96 CSE 0412 


Mann 


08/05/96 


96 CSE 0417 


Gray 


06/24/96 


96 CSE 0424 


Morrison 


05/29/96 


96 CSE 0425 


Reilly 


07/08/96 


96 CSE 0426 


West 


06/24/96 


96 CSE 0427 


Smith 


08/01/96 


96 CSE 0428 


Becton 


08/02/96 


96 CSE 0429 


Chess 


08/26/96 


96 CSE 0430 


Phipps 


05/29/96 


96 CSE 0431 


Mann 


06/05/96 


96 CSE 0464 


Gray 


08/02/96 


96 CSE 0465 


Morrison 


08/02/96 


96 CSE 0502 


Reilly 


07/22/96 


96 CSE 0503 


West 


05/30/96 


96 CSE 0518 


Becton 


08/19/96 


96 CSE 0519 


Chess 


08/29/96 


96 CSE 0545 


Phipps 


07/25/96 


96 CSE 0547 


Mann 


09/12/96 


96 CSE 0557 


Morrison 


08/08/96 


96 CSE 0558 


Reilly 


08/14/96 


96 CSE 0559 


West 


06/24/96 


96 CSE 0564 


Smith 


08/15/96 


96 CSE 0568 


Becton 


06/24/96 


96 CSE 0580 


Chess 


06/13/96 


96 CSE 0581 


Phipps 


08/22/96 


96 CSE 0595 


Gray 


08/29/96 


96 CSE 0603 


Morrison 


08/26/96 


96 CSE 0629 


Reilly 


08/29/96 


96 CSE 0638 


West 


07/15/96 


96 CSE 0642 


Phipps 


09/03/96 


96 CSE 0651 


Becton 


09/30/96 


96 CSE 0690 


Mann 


07/23/96 


96 CSE 0703 


Gray 


10/04/96 


96 CSE 0732 


Morrison 


09/30/96 


96 CSE 0733 


Reilly 


09/30/96 


96 CSE 0774 


Smith 


11/13/96 


96 CSE 0790 


Becton 


08/14/96 


96 CSE 0844 


Phipps 


10/25/96 


96 CSE 0845 


Mann 


10/29/96 


96 CSE 0878 


Phipps 


10/25/96 


96 CSE 0968 


Gray 


10/25/96 


96 CSE 0981 


Morrison 


10/24/96 


96 CSE 1012 


Rc.lly 


10/28/96 


96 CSE 1071 


Smith 


11/14/96 


96 CSE 1086 


Becton 


10/30/96 


96 CSE 1170 


Reilly 


12/10/96 


96 CSE 1191 


Gray 


12/12/96 


96 CSE 1276 


Chess 


11/04/96 


96 CSE 1328 


Mann 


12/10/96 


96 CSE 1333 


Smith 


11/14/96 


96 CSE 1339 


Gray 


12/12/96 


96 CSE 1347 


Morrison 


11/14/96 


96 CSE 1375 


Morrison 


12/10/96 


96 CSE 1378 


Gray 


12/12/96 



PUBLISHED DECISION 
REGISTER CITATION 



11:20 



NORTH CAROLINA REGISTER 



January 15, 1997 



1617 



CONTESTED CASE DECISIONS 



AGENCY 



Marion A. Ward v. Dqiartmcnt of Human Resources 
Robin G. Stalen v. Department of Human Resources 
Edward F. Murphy v. Department of Human Resources 
Robert A. Green v. Department of Human Resources 
Charlie Thomas Smith v. Department of Human Resources 
Reginald A. Barnes v. Department of Human Resources 
Phillip L. Lewis v. Department of Human Resources 
John William Vestal Sr. v. Department of Human Resources 
Charles F Haag, Jr. v. Department of Human Resources 
Walter Richardson, Jr. v. Department of Human Resources 
Scott Sanders v. Department of Human Resources 
Mark Stephens v. Department of Human Resources 
Jeffrey Len Ezzell v. Department of Human Resources 
Tessa Jones v. Department of Human Resources 
John G. Howard, Jr. v. Department of Human Resources 
Gregory B. Phy v. Department of Hutnan Resources 
Robert A. Green v. Department of Human Resources 
George D. Brickell v. Department of Human Resources 
Kelvine Lance Thompson v. Department of Human Resources 
Melinda S. Tunner v. Department of Human Resources 
Jeanne G. Bishop v. Department of Human Resources 
Rebecca Beaver v. Department of Human Resources 
Vivian B. White v. Department of Human Resources 
Mary R. Mahon v. Department of Human Resources 
Mary R. Mahon v. Department of Human Resources 
Laura Heidorf v. Department of Human Resources 
Lois Royd Barber v. Department of Human Resources 
La Rue Herring v. Department of Human Resources 
Debra D. Hammonds v. Department of Human Resources 
Vickie Osoria v. Department of Human Resources 
Trine P. Bollinger v. Department of Human Resources 



CASE 




DATE OF 


^^^JMBER 


ALJ 


DECISION 


96 CSE 1380 


ReiUy 


U/15/96 


96 CSE 1402 


Gray 


12/12/96 


96 CSE 


1412 


Smith 


12/12/96 


96 CSE 


1437*"^ 


Gray 


12/12/96 


96 CSE 


1445 


Phipps 


12/12/96 


96 CSE 


1581 


Mann 


12/10/96 


96 CRA 


1225 


Bee ton 


12/18/96 


96CRA 


1244 


Reilly 


12/10/96 


96 CRA 


1289 


Phipps 


12/12/96 


96 CRA 


1302 


Morrison 


12/10/96 


96 CRA 


1320 


Morrison 


12/12/96 


96 CRA 


1321 


Reilly 


12/13/96 


96 CRA 


1369 


Phipps 


12/12/96 


96 CRA 


1372 


Mann 


12/10/96 


96 CRA 


1386 


Reilly 


12/13/96 


96 CRA 


1399 


West 


11/14/96 


96 CRA 


1436*'^ 


Gray 


12/12/96 


96 CRA 


1526 


Morrison 


12/10/96 


96 CRA 


1537 


Bee ton 


12/18/96 


95 DCS 0921 


Morrison 


05/09/96 


95 DCS 0958 


West 


04/04/96 


95 DCS 


1114 


Reilly 


04/26/96 


95 DCS 


1115 


Phipps 


06/04/96 


95 DCS 1137** 


Chess 


06/11/96 


95 DCS 1142** 


Chess 


06/11/96 


96 DCS 0065 


Reilly 


03/22/96 


96 DCS 0176 


Gray 


07/30/96 


96 DCS 0298 


Gray 


11/06/96 


96 DCS 0792 


Chess 


10/08/96 


96 DCS 


1140 


Gray 


12/12/96 


96 DCS 


1353 


Smith 


12/12/96 



PUBLISHED DECISION 
REGISTER CITATION 



INSURANCE 



Carol M. Hall v. Teachers & Sute Employees Comp. Major Medical Plan 95 INS 1141 

Arthur Wayne Dempsey v. Department of Insurance 

Deborah B. Beavers v. Teachers & St. Emp. Comp. Major Med. Plan 

Nadia A. Hakim v. Department of Insurance 

Kathleen D. Jarvis v. Teachers & St. Emp. Comp. Major Med. Plan 

Mary Alice Casey v. Department of Insurance 

Nancy C. Lowe v. Teachers & State Employees Comp. Major Med. Plan 



95 INS 1141 


Phipps 


04/01/96 




95 INS 1255 


Smith 


04/22/96 




95 INS 1411 


Smith 


05/10/96 


11:05 NCR 308 


95 INS 1422 


Smith 


03/26/96 




96 ms 0075 


Morrison 


10/16/96 




96 INS 0148 


Reilly 


08/14/96 




96 INS 0726 


West 


11/20/96 





JUSTICE 



Wendy Atwood v. Department of Justice (Company Police Program) 96 DOJ 0111 Chess 

Deborah K. Torrance v. Company Police Program Administrator 96 DOJ 0363 Becton 

John O. Beach v. Alarm Systems Licensing Board 96 DOJ 1362 West 

Ronald R. Coats v. Alarm Systems Licensing Board 96 DOJ 1364 Phipps 



08/07/96 
08/14/96 
11/19/96 
11/26/96 



Education and Training Sta nd ards Division 



Freddie Levem Thompson v. Criml. Justice Ed. & Training Stds. Comm. 
Shane Douglas Crawford v. Sheriffs' Ed. & Training Stds. Comm. 
Charles Henry Daniels v. CrimJ. Justice Ed. & Training Stds. Conmi. 
Valerie Maxine Brewinglon v. Criml. Justice Ed. & Training Stds. Comm. 
Patricia Josephine Bonaimo v. Sheriffs' Ed. &. Training Stds. Comm. 
Douglas Allan Stuart v. Sheriffs' Ed. & Training Stds. Comm. 
Rick M. Evoy v. Criminal Justice Ed. &. Training Stds. Comm. 
Windell Daniels v. Criminal Justice Ed. & Training Stds. Comm. 
Gregory Lee Daughtridge v. Sheriffs' Ed. & Training Stds. Comm. 
Sherrie Ann Gainey v. Sheriffs' Ed. & Training Stds. Comm. 
Stuart Hugh Rogers v. Sheriffs' Ed. & Training Stds. Comm. 
Brian Thomas Craven v. Sheriffs' Ed. & Training Stds. Comm. 
Larry D, Weston v. Sheriffs' Ed. & Training Stds. Comm. 
Carlton Gerald v. Criminal Justice Ed. & Training Stds. Comm. 
Ken Montie Oxendine v. Criminal Justice Ed. & Training Stds. Comm. 
James Leon Hunt v. Criminal Justice Ed. & Training Stds. Comm. 
David Kent Knight v. Sheriffs' Ed. & Training Stds. Conmj. 



95 DOJ 0731 


Chess 


02/29/96 


95 DOJ 0943 


Reilly 


05/17/96 


95 DOJ 1070 


West 


06/12/96 


95 DOJ 1129 


Smith 


04/12/96 


95 DOJ 1152 


Chess 


03/25/96 


95 DOJ 1189 


Morrison 


06/06/96 


95 DOJ 1235 


Chess 


03/25/96 


95 DOJ 1320 


Gray 


07/24/96 


96 DOJ 0027 


Reilly 


03/19/96 


96 DOJ 0028 


Becton 


08/09/96 


96 DOJ 0029 


West 


06/18/96 


96 DOJ 0036 


Gray 


07/09/96 


96 DOJ 0037 


Smith 


06/12/96 


96 DOJ 0068 


Gray 


03/26/96 


96 DOJ 0071 


West 


03/28/96 


96 DOJ 0077 


Phipps 


07/25/96 


96 DOJ 0115 


West 


03/28/96 



1618 



NORTH CAROLINA REGISTER 



January 15, 1997 



11:20 



CONTESTED CASE DECISIONS 



AGENCY 



Demetrius Amez Brown v. Criminal Justice Ed. & Training Stds. Comm. 

Claude F. Nunnery v. Sheriffs' Ed. & Training Slds. Comm. 

John Charles Maloney v. Sheriffs' Ed. & Training Stds. Comm. 

Jimmie L. Cooper v. Sheriffs' Ed. & Training Slds. Comm. 

Jerry Glenn Monette v. Sheriffs' Ed. & Training Stds. Comm. 

Carlton Gerald v. Criminal Justice Ed. & Training Stds. Comm. 

Woodrow Andrew Clark v. Criminal Justice Ed. & Training Stds. Comm. 

Warren Scott Nail v. Criminal Justice Ed. & Training Stds. Comm. 

Zoriana Lyczkowski v. Sheriffs' Ed. & Training Stds. Comm. 

Philip A. Berezik, Jr. v. Criminal Justice Ed. & Training Stds. Comm. 

George Willie Gilliam v. Sheriffs' Ed. &. Training Stds. Comm. 

Glenn R. Brammer v. Sheriffs* Ed. & Training Standards Comm. 

Timothy Wayne Fulford v. Sheriffs' Ed. & Training Stds. Comm. 

Brent Lee Millsaps v. Sheriffs' Ed. & Training Stds. Comm. 

James Michael Doe v. Criminal Justice Ed. & Training Stds. Comm. 



CASE 




DATE OF 


PUBLISHED DECISION 


rOIMBER 


AU 


DECISION 


REGISTER CITATION 


96 DOJ 0138 


Becton 


08/09/96 




96 DOJ 0305 


Gray 


08/28/96 




96 DOJ 0306 


Smith 


08/16/96 




96 DOJ 0352 


Morrison 


07/12/96 




96 DOJ 0420 


Morrison 


07/26/96 


11:10 NCR 874 


96 DOJ 0432 


Becton 


08/07/96 




96 DOJ 0515 


West 


10/07/96 




96 DOJ 0576 


Becton 


08/07/96 




96 DOJ 0619 


Morrison 


10/21/96 




96 DOJ 0652 


Reilly 


11/13/96 




96 DOJ 0656 


Morrison 


08/02/96 




96 DOJ 0839 


Smith 


09/05/96 




96 DOJ 0840 


Smith 


09/16/96 




96 DOJ 0841 


Chess 


09/24/96 




96 DOJ 0957 


Phipps 


12/06/96 





Private Protective Services Board 



Timothy A. Hawkins v. Private Protective Services Board 
William F. Combs v. Private Protective Services Board 
Randy C. Hoyle v. Private Protective Services Board 
Robert A. Gibson v. Private Protective Services Board 
Jimmy D. Matthews v. Private Protective Services Board 
Johimie Lee King v. Private Protective Services Board 
Thomas R. Harris v. Private Protective Services Board 
Private Protective Services Board v. Henry E. Byrd, Jr. 
Larry Boggs v. Private Protective Services Board 
Private Protective Services Board v. Charles T. Mathis 
Private Protective Services Board v. Ricky C. Mullinax 
Private Protective Services Board v. Michael A. Smith 



95 DOJ 1419 


West 


04/12/96 


96 DOJ 0022 


West 


03/22/96 


96 DOJ 0024 


Smith 


06/10/96 


96 DOJ 0386 


Smith 


07/03/96 


96 DOJ 0676 


Reilly 


07/11/96 


96 DOJ 0677 


Reilly 


07/11/96 


96 DOJ 0761 


Reilly 


07/11/96 


96 DOJ 0796 


Mann 


08/19/96 


96 DOJ 0797 


Morrison 


10/10/96 


96 DOJ 0798 


Mann 


08/27/96 


96 DOJ 0800 


Becton 


10/04/96 


96 DOJ 0801 


Becton 


10/09/96 



MEDICAL BOARD 



Medical Board v. Martin A. Hatcher, M.D. 



92BME0510 Gray 



06/28/96 



11;08 NCR 555 



PUBLIC INSTRUCTION 



Lavem K. Suggs v. NC Board of Education 

J.T.S. & T.S., Parents of E.M.S. v. Chapel Hill-Carrboro City Schl. Sys. 

L.O. V. Charlotte-Mecklenburg Board of Education 

Candyce Ewanda Newsome v. Hertford County Board of Education 

W. and G.B., on Behalf of C.B. v. Winston-Salem/Forsyth Cty. Schools 

Cyvonne Rush Bryant v. NC State Board of Education 

Steve Wright Brown v. State Board of Education 

Blaise Malveau v. Cumberland County Board of Education 

Blaise Malveau v. Cumberland County Board of Education 

John Barlow v. Watauga County Board of Education 

Louis Craig Gill v. State Board of Education 

John L. Archer v. Department of Public Instruction 

Pamela F. Cummings v. Department of Public Instruction 

Susie Whitley/Brandon Whitley v. Charlotte-Mecklenburg Bd. of Ed. 

Michael Wayne Geter v. Charlotte-Mecklenburg School Board 

Felicia M. Moore v. Charlotte-Mecklenburg Schools & Dept. of Public Ins. 



95 EDC 0383 


Smith 


03/13/96 


95EDC 1194 


Mann 


04/12/96 


96 EDC 0285 


Mann 


05/31/96 


96 EDC 0344 


Chess 


05/15/96 


96 EDC 0349 


Mann 


09/03/96 


96 EDC 0591 


Becton 


09/11/96 


96 EDC 0593 


Reilly 


10/11/96 


96 EDC 0613 


Chess 


08/14/96 


96 EDC 0614 


Chess 


08/14/96 


96 EDC 0623 


Reilly 


07/24/96 


96 EDC 0675 


Smith 


12/18/96 


96 EDC 0678 


Smith 


08/02/96 


96 EDC 0742 


Smith 


08/16/96 


96 EDC 0964 


Chess 


09/17/96 


96 EDC 1036 


West 


09/23/96 




96 EDC 1303 


Smith 



11:01 NCR 50 



11:20 NCR 1625 



11/25/96 



STATE PERSONNEL 



Department of Administration 



Jimmie A. Hughes, Jr. v. Department of Administration 96 OSP 0008 

Jonathan L. Fann v. Department of Administration, Admin. Personnel 96 OSP 0042 

Carlton Gerald v. State Capitol Police, Department of Administration 96 OSP 0116 

Administrative Office of the Court 

Ethel R. Tyson v. NC Judicial Dept., Administrative Office of the Court 96 OSP 0080 

Albemarle Mental Health Center 



Reilly 


07/23/96 


Gray 


05/24/96 


Gray 


04/25/96 



Smith 



03/15/96 



11:20 



NORTH CAROLINA REGISTER 



January 15, 1997 



1619 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Judy A. Gordon v. Albemarle Menul Health Center 
Appalachuui StaU Univeraty 



96 DSP 0354 



Janice S. Walton v. Appalachian St University, Claude Cooper, Bill Ragan96 DSP 0062 
Janice S. Carroll v. Appalachian St Univeraity, Claude Cooper, Bill Ragan96 DSP 0063 
Theresa Louise Whittington v. Appalachian State Univereity 96 OSP 0350 

A A T StaU University 

Joey M. Carey v. A & T State University 96 OSP 0393 

Caldwell County 

Blake C. Pace v. Caldwell County 96 OSP 0047 

Catawba County Mental BeaJth 

Tonyer J. Ruff v. Catawba County Mental Health 96 OSP 0951 

AT Central Univeraty 



Francina Y. Tate v. Chancellor Julius L. Chambers, NC Central Univ. 
Rcnee Lynch v. NC Central University 

Central North Carolina School for th* Deaf 

Felicia S. Milton v. Central North Carolina School for the Deaf 



95 OSP 1432 
95 OSP 1461 



95 OSP 1241 



Chess 



West 

West 
Smith 



West 



Morrison 



Bee ton 



Smith 
Smith 



Chess 



10/17/96 



03/13/96 
03/07/96 
10/09/96 



10/10/96 



04/01/96 



10/22/96 



04/22/96 
10/03/96 



05/17/96 



11:15 NCR 1255 



Department of Correction 

Haydee Craver v. Department of Correction, Pender Correctional Inst. 95 
Gregory Allen Jones v. Department of Correction, Supt. Bonnie Boyette 95 
Carolyn Cheek v. Department of Correction 95 

Calvia L. Hill v. Department of Correction, McCain Correctional Hospital 95 

96 
96 
96 
96 
96 
96 
96 



Alisha Louise Slaley v. Randolph Correctional Center 

Brenda Propst v. Foothills Correctional Institution 

Delon D. Solomon v. Department of Correction 

Alisha Louise Staley v. Randolph Correctional Center 

Ann Williams v. Department of Correction 

Haydee C. Craver v. Department of Correction, Christopher Phillips 

Dwight Taylor, Mike Estep, Jackie Boone, Robert Pitman, Jeffery Clark 

v. Department of Correction 
Dwight Taylor, Mike Estep, Jackie Boone, Robert Pitman, Jeffery Clark 

V. Department of Correction 
Dwight Taylor, Mike Estep, Jackie Boone, Robert Pitman, Jeffery Clark 

V. Department of Correction 
Dwight Taylor, Mike Estep, Jackie Boone, Robert Pitman, Jeffery Clark 

V. Department of Correction 
Dwight Taylor, Mike Estep, Jackie Boone, Robert Pitman, Jeffery Claik 

V. Department of Correction 
Rebecca A. Faison v. Department of Correction for Women 
Calvia L. Hill v. Department of Correction, McCain Correctional Hospital 96 
Pamela Robinson v. Department of Correction 96 

James A. Klein v. Department of Correction 96 

Tony R. Broffman v. Department of Correction 96 

Mary Hargraves v. Department of Correction 

Michael S. Doe v. Caswell Center 96 

Timothy L. Willis v. Caswell Correctional Center 96 

Alisha Louise Staley v. Randolph Correctional Center 96 

Sharon Oxeodine v. Department of Correction 96 

Charles H. Perry v. Department of Correction 96 



96 



96 



96 



96 



96 



OSP 1046 
OSP 1290 
OSP 1441 
OSP 1460 
OSP 0092 
OSP 0199 
OSP 0258 
OSP 0261 
OSP 0279 
OSP 0348 
OSP 0372** 

OSP 0373*' 

OSP 0374*' 

OSP 0375** 

OSP 0376** 

OSP 0383 
OSP 0397 
OSP 0403 
OSP 0434 
OSP 0625 

OSP 0691 
OSP 0715 
OSP 0780 
OSP 0999 
OSP 1542 



Gray 

Phipps 

Smith 

Gray 

Gray 

Morrison 

West 

Morrison 

Phipps 

Phipps 

Smith 

Smith 

Smith 

Smith 

Smith 

Becton 

Gray 

Phipps 

Gray 

Becton 

96 OSP 0674 

Phipps 

West 

Smith 

Becton 

ReUly 



Department of Crime Control and Public Strfety 

Jerry Lee Fields v. State Highway Patrol 

Gene Wells v. Crime Control & Public Safety, State Highway Patrol 

Hearl Oxendine v. Crime Control & Public Safety, St. Highway Patrol 



94 OSP 1174*"' Gray 

95 OSP 0249** Smith 
95 OSP 0697 Smith 



03/12/96 
05/14/96 
09/19/96 
05/17/96 
06/03/96 
04/09/96 
07/02/96 
08/05/96 
10/31/96 
05/15/96 
07/05/96 

07/05/96 

07/05/96 

07/05/96 

07/05/96 

10/01/96 

08/15/96 

12/18/96 

10/29/96 

08/29/96 

Smith 

09/23/96 

07/30/96 

10/16/96 

10/22/96 

01/02/97 



08/05/96 
07/23/96 
10/16/96 



09/05/96 



1620 



NORTH CAROUNA REGISTER 



January 15, 1997 



11:20 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



95 OSP OSSe*'" Gray 

95 OSP 1050*' Smith 

96 OSP 1309 Gray 



95 OSP 0176 



Jerry Lee Fields v. StaU Highway Patrol 

Gene Wells v. Crime Control & Public Safety, State Highway Patrol 

Peter Mason Griffin v. Crime Control & Public Safety, St. Hwy Patrol 

Durham County Health Department 

Lylla D. Stockton v. Durham County Health Department 

East Carolina University 

Gregory Lapicki v. East Carolina University 

Bela E. Karvaly, Ph.D. v. ECU Bd. of Trustees, Ch. Richard R. Eakin 

Richard Paul Schneck v. ECU Human Res., Sch. of Med., Psych. Med. 

Employment Security Commission 

Gene S. Baker v. Gov. James B. Hunt, Jr., Ann Q. Duncan, Chairman, 

Employment Security Commission 
William Herbert Allen v. Employment Security Commission 
Patricia Gary v. Employment Security Commission 
Tonderlier Lynch v. Emp. Security Comm., Austin Quality Foods, Inc. 

Department of Environment, Health, and Natural Resources 



Roberta Ann "Robin" Hood v. Environment, Health, & Natural Resources 95 OSP 0035 
Kathy B. Vinson v. Dept. of Environment, Health, & Natural Resources 95 OSP 0203 
Donald E. Bans v. Division of Adult Health, EHNR 95 OSP 1071 



West 



Reilly 

Gray 

Smith 



Fayetteville State University 

William C. Neal v. Fayetteville State University 95 OSP 0392 Smith 

Guilford County Area Mental Healthy Developmental Disabilities and Substance Abuse 

Stuart KJatte v. Guilford Cty Area MH/DD/SAS, St. Per Comm, OSP 95 OSP 1179 Smith 

Department of Human Resources 

Myron A. Smith v. DHR, Division of Child Development 

Ophelia Webb v. Edard R. Imnan, Dir. Alamance Cty DSS, Alamance 

Cty DSS, Alamance County, and DHR 
Peggy Pledger v. Department of Human Resources, Dorothea Dix Hosp. 
Peggy Pledger v. Department of Human Resources, Dorothea Dix Hosp. 
Peggy Pledger v. Department of Human Resources, Dorothea Dix Hosp. 
Gail Marie Rodgers Lincoln v. DHR, DMH/DD/SAS-Cherry Hosp., 

Cherry Hospital 
Cynthia D. Hickman v. DHR, Central School for the Deaf 
Johnny Earl Young v. Unit Head Director of Food & Nutrition 
Peggy Pledger v. Department of Human Resources, Dorothea Dix Hosp. 
Mary A. Boogaerts v. Cherry Hospital, Goldsboro, NC 
Kelvin Partcr v. Dorothea Dix Hospital 

Johnny Earl Young v. Unit Head Director of Food & Nutrition 
Johnny Earl Young v. Unit Head Director of Food & Nutrition 
Kim A. Bell v. Walter B. Jones Alcohol & Drug Abuse Treatment Center 
Allen J. Wright, Jr. v. Blue Ridge Area Authority 
Lynn S. Hales v. John Umstead Hospital 
Deborah Ayala v. DHR/DSS/Child Support Enforcement 
Jacqueline C. Branch v. Division of Facility Services 

Buncombe County Department of Social Ser\ices 

Kathy Davis v. Buncombe County Department of Social Services 

Caswell Center 



95 OSP 1487 West 



Ramona C. Jenkins v. Department of Human Resources. Caswell Center 89 OSP 0411 
Ramona C. Jenkins v. Department of Human Resources, Caswell Center 91 OSP 0522 
Franklin D. Sutton v. Department of Human Resources, Caswell Center 94 OSP 0766 



08/05/96 
07/23/96 
12/12/96 



07/02/96 



94 OSP 1721 


Reilly 


09/26/96 


96 OSP 0150 


Chess 


05/08/96 


96 OSP 0759 


Smith 


12/19/96 



93 OSP 0707 


Becton 


05/16/96 


11:05 NCR 300 


94 OSP 1688 


West 


06/11/96 




95 OSP 0793 


Chess 


05/14/96 




96 OSP 0275 


Chess 


05/21/96 





04/09/96 
09/18/96 
10/01/96 



04/22/96 



07/19/96 



95 OSP 1033 


Morrison 


11/27/96 


96 OSP 0112 


Gray 


03/13/96 


96 OSP 0114*" 


Gray 


11/05/96 


96 OSP 0146*" 


Gray 


11/05/96 


96 OSP 0147*" 


Gray 


n/05/96 


96 OSP 0159 


Chess 


06/17/96 


96 OSP 0191 


Becton 


09/23/96 


96 OSP 0217 


Reilly 


08/13/96 


96 OSP 0241*" 


Gray 


11/05/96 


96 OSP 0269 


Becton 


05/29/96 


96 OSP 0294 


Chess 


08/07/96 


96 OSP 0543 


Reilly 


07/09/96 


96 OSP 0590 


Reilly 


07/09/96 


96 OSP 0597 


Becton 


09/11/96 


96 OSP 0665 


Reilly 


12/20/96 


96 OSP 0729 


West 


10/02/96 


96 OSP 1062 


Smith 


10/29/96 


96 OSP 1089 


Smith 


12/09/96 



08/09/96 



11:13 NCR 1087 



11:10 NCR 865 



Becton 


03/26/96 






Becton 


03/26/96 


11:02 NCR 


89 


Smith 


03/21/96 







11:20 



NORTH CAROLINA REGISTER 



January 15, 1997 



1621 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



AU 



DATE OF PUBLISHED DECISION 

DECISION REGISTER CITATION 



Cumheriand County Department of Social Services 
Ruth Former v. Cumberlanj County Depaitment of Social Servic«« 96 OSP 0829 Bectoo 

Durham County Department of Social Services 
Jan E. Smith v. Durham County Department of Social Services 95 OSP 1121 Morrison 

Halifax County Department of Social Services 
Clairbel Thomas v. Halifax County DSS & Director, Halifax County DSS 95 OSP 0905 West 

Hayv,ood County Department of Social Services 
Carol Hubbard v. Haywood County Department of Social Services 95 OSP 1084 Reilly 

Lenoir County Department of Social Services 



Sharron S. Moten v. Lenoir County DSS, Jack B. Jones 
Felicia Ann Baker v. Lenoir County DSS, Jack B. Jones 

Division of Medical Assistance 
Harold Wiggins v. Division of Medical Assistance 

O 'Berry Center 
Samuel Geddie v. O'Berry Center 

Rockingham County Department of Social Services 
Lorretta Lawson v. Rockingham County DSS 

Vance County Department of Social Services 
Robert Eugene Davis v. Vance County Department of Social Services 

Wake County Department of Social Services 
Phylis Gilbert v. Wake County Department of Social Services 

Wilson County Department of Social Services 

Karen R. Davis v. Wilson County Department of Social Services 

Department of Insurance 

Larry W. Creech v. Department of Insurance 

Department of Labor 

Kevin P. Kolbc, Sr. v. Department of Labor 

New Hanover County Board of Health 

Tabandeh Zand v. New Hanover County Board of Health 

Pembroke State University 

Bruce W. Hunt v. Pembroke State Univereity 

Department of PubUc InstructioH 

Johnny Leak v. Public Schools of NC, Dept. of Public Instruction 
McLennard Jay v. Person County Schools 

Sandhill Community College 



96 OSP 1100 
96 OSP 1101 



95 OSP 1482 



96 OSP 0471 



96 OSP 0157 



95 OSP 1238 



96 OSP 0394 



95 OSP 0631 



95 OSP 1035 



95 OSP 1288 



96 OSP 0861 
96 OSP 0862 



Gray 
Gray 



West 



96 OSP 0414 Morrison 



West 



Reilly 



Phipps 



Chess 



ReiUy 



95 OSP 0968 Morrison 



Smith 



Bccton 



Phipps 
Phipps 



12/02/96 



05/24/96 



05/29/96 



08/30/96 



12/06/96 
12/12/96 



06/11/96 



06/13/96 



06/13/96 



10/28/96 



06/27/96 



11/01/96 



06/06/96 



03/14/96 



03/01/96 



12/02/96 



09/05/96 
09/04/96 



11:06 NCR 395 



11:13 NCR 1092 



11:07 NCR 434 



11:01 NCR 58 



1622 



NORTH CAROLINA REGISTER 



January 15, 1997 



11:20 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Earl Levon Womack v. Sandhill Commumty College Bd. of Trustees 

Office of the State Controller 

Angela M. Terry v. Office of the State Controller 

North Carolina State University 

Vemell Mitchell v. North Carolina Cooperative Extension 

Department of Transportation 

Pearlie M. Simuel-Johnson v. Department of Transportation 

Dorothy J. Grays v. Div. of Motor Vehicles, Dept. of Transportation 

James H. Broyhill v. Department of Transportation 

Pearlie M. Simuel-Johnson v. Department of Transportation 

Lisa Ann Lee v. Department of Transportation 

Melvin Duncan v. Department of Transportation 

Greg Brown v. Department of Transportation 

Jesse Wayne Castle v. State Highway Maint., Guess Rd., Durham, NC 

Archie Brooks v. W. F. Rosser, Department of Transportation 

Jessie L. Allen et al. v. DMV Enforcement Section 

Dwight Odell Graves v. DOT Maintenance, Caswell County 

R.L. Singleton v. Department of Transportation 

William Dean Gillenwater v. Department of Transportation 

Stephanie Taylor v. Department of Motor Vehicles 

Tri-County Mental Health Complex 

Deborah Heil v. Tri-County Mental Health Complex 



96 OSP 0573 Phipps 



96 OSP 0402 Becton 



96 OSP 0132 Gray 



95 OSP 1100 



University of North Carolina 

Pamela B. Edwards v. University of North Carolina at Chapel Hill 

Keith R. Cameron v. University of North Carolina at Chapel Hill 

Jerel H. Bonner v. School of Nursing UNC at Chapel Hill 

Bela E. Karvaly, Ph.D. v. UNC Bd. of Gov., Pres. CD. Spangler, Jr. 

Carl E. Whigham v. UNC Hospitals at Chapel Hill 

J. Scott Spears v. Ralph Pederson and UNC-C 

Nellie Joyce Ferguson v. UNC Physicians & Assoc, Charles Foskey, Dir. 

Mae Helen Lewis v. UNC Greensboro - Physical Plant 

Wake County Board of Health 

Debbie L. Whitley v. Env. Health Div. Wake Qy. Dept. of Health 

Western Carolina University 

Kristin K. Parkinson v. Western Carolina University 

STATE TREASURER 



96 OSP 1090 



96 OSP 0987 



Donald B. Durham v. Teachers' &. St. Employees Retirement Sys. 92 DST 1066 

Joyce Clybum v. Dept. of State Treasurer Retirement Systems Division 96 DST 1087 



DEPARTMENT OF TRANSPORTATION 

James E. Phillips v. Dept. of Transportation, Div. of Motor Vehicles 
UNIVERSITY OF NORTH CAROLINA 



96 DOT 1829 



Sylvia Jeffries v. University of NC Hospitals at Chapel Hill 
James E. Boudwin v. University of NC Hospitals at Chapel Hill 
Rufus T. Moore Jr. v. UNC Hospital 



Smith 



95 OSP 0842 


Chess 


95 OSP 1060 


Morrison 


96 OSP 0026 


Gray 


96 OSP 0151 


Chess 


96 OSP 0248 


Chess 


96 OSP 0548 


Chess 


96 OSP 0977 


Phipps 


96 OSP 1000 


Reilly 



Smith 



Becton 



Chess 
Smith 



Rciliy 



07/25/96 



08/07/96 



05/10/96 



94 OSP 0589'' 


Gray 


03/01/96 




94 OSP 1044 


Reilly 


04/12/96 


11:03 NCR 173 


95 OSP 0673 


Gray 


12/02/96 




95 OSP 0837*' 


Gray 


03/01/96 




95 OSP 1099 


Reilly 


07/31/96 




95 OSP 1462 


Morrison 


03/08/96 




96 OSP 0048 


Reilly 


05/02/96 




96 OSP 0087 


Gray 


04/15/96 




96 OSP 0239 


Smith 


05/17/96 




96 OSP 0408 


Becton 


08/12/96 




96 OSP 0616 


Morrison 


10/24/96 




96 OSP 0683 


Becton 


08/12/96 




96 OSP 0684 


Gray 


12/13/96 




96 OSP 0955 


Becton 


08/29/96 


11:13 NCR 1095 



03/22/96 



06/28/96 
06/24/96 
03/12/96 
05/08/96 
06/11/96 
08/30/96 
10/02/96 
10/21/96 



09/05/96 



10/22/96 



07/17/96 
10/18/96 



12/10/96 



11:01 NCR 61 



11:09 NCR 810 



96 UNC 0067 


Gray 


04/16/96 


96 UNC 0343 


Chess 


07/22/96 


96 UNC 0470 


Reilly 


08/12/96 



* Consolidated cases. 



11:20 



NORTH CAROLINA REGISTER 



January 15, 1997 



1623 



CONTESTED CASE DECISIONS 



CASE DATE OF PUBLISHED DECISION 

AGENCY NUMBER AIJ DECISION REGISTER CITATION 

Marcia Spniill v. UNO Hospitals - Patient Account* 96 UNC 0500 Bccton 07/10/96 

Charles E. Houlk v. UNC Hospitals 96 UNC 0588 Morrison 08/09/96 



^'^2-/ NORTH CAROLINA REGISTER January 15, 1997 



11:20 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF GUILFORD 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

96 EDC 0675 



LOUIS CRAIG GILL, 
Petitioner, 



V. 



N.C. STATE BOARD OF EDUCATION, 
Respondent. 



RECOMMENDED DECISION 



This matter was heard before Dolores Nesnow-Smith, Administrative Law Judge, on November 15, 1996, in High 
Point, North Carolina. 



For Petitioner: 



For Respondent: 



APPEARANCES 

James F. Morgan, Attorney at Law 
High Point, North Carolina 

Sylvia Thibaut 

Assistant Attorney General, Raleigh, North Carolina 



ISSUE 

Does the State Board of Education have grounds to revoke petitioner's teaching certificate? 

STATUTES & RULES INVOLVED 
N.C. Gen. Stat. § 115C-12(9) (a); N.C. Constitution; 16 N.C. Admin. Code 6C .0312. 

■JUDICIAL NOTICE 

16 NCAC 6C .0312 

WITNESSES 



For Petitioner: 
For Respondent: 



1. 



None 

Officer Robert Bums 
Officer Timothy Popek 
Officer John Wright 
Officer Linda Suggs 



FINDEVGS OF FACT 

Petitioner, Louis Craig Gill, holds a teaching certificate issued by the State Board of Education. 



2. On or about May 31, 1996, Respondent, the State Board of Education, notified Petitioner that there were 
charges against him which constituted grounds for revocation of his teaching certificate and that unless he initiated 
administrative proceedings to challenge the action within sixty days of notice, the State Board of Education would revoke 
his teaching certificate. 

3. On or about May 31, 1996, respondent notified Petitioner of written charges against him, including but not 
limited to: 

On August 30, 1994, Mr. Gill unlawfully possessed drug paraphernalia and marijuana, a controlled 



11:20 



NORTH CAROLINA REGISTER 



January 15, 1997 



1625 



CONTESTED CASE DECISIONS 



substance under G.S. 90-95. Mr. Gill was in the company of a former female student, and both were in 
his truck, when law enforcement officers observed them passing a marijuana joint between them. When 
the officers confronted them, Mr. Gill ran into the woods and dropped a plastic bag behind a cedar tree. 
The officers recovered the bag and found that it contained marijuana. 

4. Petitioner was employed as a teacher by the Guilford County Board of Education during school years 1993- 
94 and 1994-95. 

5. Petitioner was assigned to teaching duties and was the football coach at Andrews High School in the 
Guilford County School System. 

6. Petitioner resigned from his position as a teacher and coach at Andrews High School, effective September 
1, 1994. 

7. Petitioner's resignation followed the initiation of an investigation by the Guilford County School authorities 
as a result of the arrest of Petitioner for possession of marijuana, possession of drug paraphernalia and obstructing, delaying 
and resisting an officer on August 30, 1994. 

8. On August 31, 1994, Jerry Weast, the Superintendent of Schools in Guilford County, and other school 
officials, including John Wright, Associate Superintendent over personnel, met with Petitioner to discuss the criminal charges 
brought against him by the Guilford County Sheriffs Department. 

9. During that meeting. Petitioner changed his recitation of his version of the facts several times, but did admit 
that he had arranged to pick up a former student on the evening of August 30, 1994, Kristy England, and that the two of 
them drove into a heavily wooded area, down a little used dirt road, to talk in his truck. Petitioner further admitted that Ms. 
England was smoking a marijuana cigarette in the truck while they were talking. Petitioner denied that he smoked any of 
the marijuana cigarette. 

10. Petitioner further stated that when law enforcement officers first approached his truck that evening, he was 
scared and ran into the woods. Petitioner also told the school officials that he ran into the woods a second time with a brown 
shaving kit which contained AK .47 bullets and that he threw these bullets into the woods on that occasion. Finally, 
Petitioner told school officials that he ran away a third time when the officers attempted to arrest him. 

11. At approximately 9:00 p.m. on the evening of August 30, 1994, Sheriffs Deputies Robert A. Bums and 
Timothy P. Popek, while on routine patrol, saw Petitioner and Ms. England drive onto a dirt road across the street from 
Barrow Drive in High Point, North Carolina. Viewing this as suspicious activity, the deputies notified their dispatcher and 
followed the truck onto the dirt road. The road was quite muddy and the deputies did not follow the truck with their car 
the entire way, but got out of their car and followed on foot, 

12. When the deputies approached the truck, they observed Petitioner and Ms. England passing a lighted 
cigarette back and forth between them and taking long drags on the cigarette. At that point. Deputy Bums shined his 
flashlight into the cab of the truck and, announcing himself to be with the Sheriffs Department, told the occupants to remain 
in the truck. 

13. Petitioner immediately bolted from the tmck and ran into the woods next to a cedar tree. Neither of the 
deputies were able to see if Petitioner had anything in his hands. Petitioner returned a few minutes later and told the deputies 
that he had run because he did not know who they were and was scared. 

14. The deputies asked Petitioner what he had done with the marijuana and he told them that he did not have 
marijuana but was smoking a cigarette. While he was talking to the deputies. Petitioner was reaching under the driver's seat 
of the truck and, shortly after, ran into the woods again with a brown shaving kit in his hands. Both deputies were able 
to see where Petitioner entered the woods and to watch his progress through the underbrush. 

15. When Petitioner returned to the truck a few minutes later, he informed the deputies that he had mn into 
the woods to dispose of some bullets he had in the brown case. 

16. The deputies asked Petitioner for his license and for permission to search the truck. Petitioner gave 
1626 NORTH CAROLINA REGISTER January 15, 1997 11:20 



CONTESTED CASE DECISIONS 



permission to the deputies to search his truck but they found only a .38 caliber handgun in open view on his front seat. 

17. Backup officers had arrived at that time and Deputy Popek was able to leave and search the woods at the 
two places where Petitioner had run into the woods. Deputy Popek found a plastic baggie of marijuana by the cedar tree 
where Petitioner had initially run into the woods. Deputy Popek found a small green pipe with marijuana residue in it and 
a white rolling paper in the brush where Petitioner ran into the woods the second time. The pipe had fresh, liquid blood 
on it and the rolling paper had what appeared to be blood on it as well. Petitioner was bleeding from scratches he had 
received when he ran into the woods the second time. 

18. A search of the woods the next day in the area where Petitioner ran the second time did not reveal any 
bullets. 

19. Deputies Bums and Popek are well trained and experienced in recognition of both the appearance of 
marijuana and its characteristic smell when burning. Deputy Bums noticed a strong odor of marijuana on Petitioner when 
Petitioner retumed from running to the woods the first time and a strong odor of marijuana in the tmck cab. Deputy Popek 
noticed the odor of marijuana in the tmck cab as well and recognized the substance in the plastic baggie to be marijuana. 

20. No Laboratory examination was conducted on the material in the baggie. 

21. Petitioner was placed in the deferred prosecution program with the Guilford County District Attorney's 
Office. 

22. As a result of Petitioner's completion of the deferred prosecution program, all the criminal charges were 
dismissed by the Guilford County District Attorney's Office. 

23. The duties of a teacher include providing an education to students, acting as a role model to students, being 
a model for the profession, protecting the student's safety and working with administrators, staff and parents. 

24. In regard to Petitioner's ability to continue to perform his professional functions after his having been in 
possession of marijuana and dmg paraphernalia and resisting arrest. Linda Suggs, an expert in the area of reasons why 
teachers' certificates should be revoked, stated that students could no longer view Petitioner as a role model, or, if they did, 
would be following an inappropriate role model who imbibed illegal dmgs; that parents would have concerns about their 
children's safety and welfare under Petitioner's control. It was Ms. Suggs' professional opinion that Petitioner was no longer 
fit to teach based on his clear violation of North Carolina criminal laws and his flaunting of authority by mnning from the 
law enforcement officials when they attempted to arrest him. 

25. Ms. Suggs ftirther opined that teachers are held to a higher standard than the ordinary citizen because of 
their unique oppwrtunity to influence young, impressionable minds and that the most important responsibility of a teacher, 
and especially a coach, is to foster a strong ethical and moral character, respect for the laws and civil obedience. Ms. Suggs' 
professional opinion was that Petitioner had broken the trust placed in him by the Board of Education, the Guilford County 
School System, students, parents, fellow colleagues and the community at large. 

26. Ms. Suggs opined that it would be contradictory for Petitioner to attempt to teach students to avoid dmgs, 
pursuant to the Basic Education Program, (G. S. 115C-81) and to have students know that he himself indulged in the use 
of illegal dmgs. (testimony of Linda Suggs) 

Based on the above Findings of Fact, the undersigned makes the following: 

CONCLUSIONS OF LAW 

1. The State Board of Education derives power directly from the North Carolina Constitution. That power 
is "to supervise and administer the free public school system and the educational funds provided for its support." 

2. The State Board has the authority to determine the certification status of a teacher in the North Carolina 
public schools. The State Board has the specific duty "to certify and regulate the grade and salary of teachers and other 
school employees." N.C. Gen. Stat. § 115C-12(9)(a). 



11:20 NORTH CAROLINA REGISTER January 15, 1997 1627 



CONTESTED CASE DECISIONS 



3. Public school teachers in North Carolina have the statutory duty to maintain discipline in school and to 
encourage temperance and morality. N.C. Gen. Stat. § 115C-307(a) and (b). 

4. The North Carolina Supreme Court has emphasized that teachers, in addition to being required to teach 
a particular subject, also serve as role models for their students. Faulkner v^ New Bern-Craven Bd. of Educ . 311 N.C. 
42, 316 S.E. 2d 281 (1984); see also Burrow v^ Bd. of Educ . 61 N.C. App. 619, 625, 301 S.E. 2d 704 (1983) (wherein 
the Court of Appeals clearly recognized and emphasized the significant influence a teacher has on young people in his care 
and custody and that lack of judgment on the part of a teacher cannot be condoned). 

5. Petitioner did illegally possess marijuana and drug paraphernalia on August 30, 1994. 

6. The State Board of Education has grounds to revoke Petitioner's teaching certificate under 16 N.C. Admin. 
Code 6C .0312(a) (8) as the result of Petitioner's illegal and unethical conduct on August 30, 1994. 

7. TTiere is a reasonable and adverse relationship between the underlying conduct of possessing marijuana and 
possessing drug paraphernalia and the continuing ability of Petitioner to perform any of his professional functions in an 
effective manner. 

8. Possessing marijuana and possessing drug paraphernalia is illegal and unethical conduct pursuant to 16 N.C. 
Admin. Code 6C .0312(a) (8). 

9. The North Carolina Court of Appeals has held that in cases in which an employee has been dismissed based 
upon an act of off-duty criminal conduct, the agency may consider the following factors in demonstrating that the dismissal 
is supported by the existence of a rational nexus between the type of criminal conduct committed and the potential adverse 
impact on the employee's future ability to perform for the agency: 

-the degree to which, if any, the conduct may have adversely affected clients or colleagues; 

-the likelihood of recurrence of the questioned conduct and the degree to which the conduct may affect 
work performance, work quality, and the agency's good will and interests; 

-the proximity or remoteness in time of the conduct to the commencement of the disciplinary proceedings; 

-the blameworthiness or praiseworthiness of the motives resulting in the conduct; and 

-the presence or absence of any relevant factors in mitigation. 

Eury V. N.C. Employment Security Commission . 1 15 N.C. App. 590, 446 S.E. 2d 383, cert, denied . 338 N.C. 309, 451 
S.E. 2d 635 (1994). Similarly, the Supreme Court of California established comparable factors for the California State 
Board of Education to consider in certificate revocation cases when determining whether the teacher's conduct indicates 
unfitness to teach, including: 

the likelihood that the conduct may have adversely affected students or fellow teachers, the degree of such 
adversity anticipated, the proximity or remoteness in time of the conduct, the type of teaching certificate 
held by the party involved .... 

Morrison v. State Bd. of Educ . 461 P.2d 375, 386 (1969). 

10. The State Board is responsible for oversight of a state-wide comprehensive school health program which 
includes the subject matter of drug abuse prevention. For the State Board of Education to allow Petitioner to hold a teaching 
license would undermine the State Board's credibility with the public The public would believe that the State Board does 
not take its responsibility seriously in regard to the drug abuse prevention program. 

1 1 . The State Board of Education has both the grounds and the authority to revoke Petitioner's teaching 
certificate under 16 N.C. Admin. Code 6C .0312(a) (8). 

Based on the above Conclusions of Law, the undersigned makes the following: 



1628 NORTH CAROLINA REGISTER January 15, 1997 11:20 



CONTESTED CASE DECISIONS 



RECOMMENDED DECISION 

Respondent State Board of Education has grounds to revoke Petitioner's teaching certificate. Petitioner has not 
shown that respondent exceeded its authority or jurisdiction, acted erroneously, failed to use proper procedure, failed to act 
as required by law or rule, or acted arbitrarily or capriciously. Therefore, Petitioner's petition should be dismissed and 
Petitioner is entitled to no relief. 

ORDER 

It is hereby ordered that the State Board serve a copy of the Final Decision on the Office of Administrative 
Hearings, P.O. Drawer 27447, Raleigh, North Carolina 27611-7447, in accordance with N.C. Gen. Stat. § 150B-36(b). 

NOTICE 

Before the State Board makes its Final Decision, it is required by N.C. Gen. Stat. § 150B-36(a) to give each party 
an opportunity to file exceptions to this recommended decision, and to present written arguments to those in the agency who 
will make the final decision. 

The agency is required by N.C. Gen. Stat. § 150B-36(b) to serve a copy of the Final Decision on all parties and 
to furnish a copy to the parties' attorneys of record. 

This the 17th day of December, 1996. 



Dolores Nesnow-Smith 
Administrative Law Judge 



11:20 NORTH CAROLINA REGISTER January 15, 1997 1629 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



Ihe North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, 
titles and chapters, are mandatory. The major subdivision of the NCAC is the title. Each major 
department in the North Carolina executive branch of government has been assigned a title number. 
Titles are further broken down into chapters which shall be numerical in order. The other two, 
subchapters and sections are optional subdivisions to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


-) 


Agnculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified I*ubhc Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


Landscape Architects 


26 


16 


Public Education 


Landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


*21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Kepealed) 


44 


27 


NC State Bar 


Pastoral Counselors, Fee-Based Practicing 


45 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing, Heating & Fire Sprinkler Contractors 


50 






Podiatry Exammers 


52 






Professional Counselors 


53 






Practicmg Psychologists 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Samtarian Examiners 


62 






Social Work Certification 


63 






Soil Scientists 


69 






Speech & Language Pathologists & Audiologists 


64 






Substance Abuse Professionals 


68 






Therapeutic Recreation Certification 


65 






Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



1630 



NORTH CAROLINA REGISTER 



January 15, 1997 



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2. New Address 


STATE 


ZIP 


NAME 


ADDRESS 



CITY 



STATE 



ZIP 



Office of Administrative Hearii 

P.O. Drawer 27447 

Raleigh, North Carolina 27611-7447 



H 






H L« 



aU?- 







FIRST CLASSH/IAIL 



ff 



585 

UNIV. OF NORTH CAROLINA 
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WAN HECKE-«ETTACH 064-A 
CHAPEL HILL